Case: 13-14386 Date Filed: 04/15/2015 Page: 1 of 2
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 13-14386
Non-Argument Calendar
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D.C. Docket Nos. 6:13-cv-00077-BAE-GRS,
6:02-cr-00008-BAE-1
WILLIAM ERIC GREEN,
Petitioner-Appellant,
versus
UNITED STATES OF AMERICA,
Respondent-Appellee.
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Appeal from the United States District Court
for the Southern District of Georgia
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(April 15, 2015)
Before WILLIAM PRYOR, JULIE CARNES and FAY, Circuit Judges.
PER CURIAM:
William Green, a federal prisoner, appeals the dismissal sua sponte of his
third motion to vacate as untimely. See 28 U.S.C. § 2255(f). The district court
Case: 13-14386 Date Filed: 04/15/2015 Page: 2 of 2
issued a certificate of appealability on two issues: (1) “Whether Stewart v. United
States, 646 F.3d 856 (11th Cir. 2011), justifies equitable tolling of 28 U.S.C.
§ 2255(f)’s one year statute of limitations given Green’s diligent pursuit of his
claims both pre- and post-Stewart”; and (2) “Whether the Stewart decision itself
constitutes a new fact that restarts the one year limitations period.” But the
certificate fails to identify an issue of constitutional magnitude. See Spencer v.
United States, 773 F.3d 1132, 1137 (11th Cir. 2014) (en banc). We vacate the
certificate of appealability and remand for the district court to consider what
claims, if any, in Green’s motion “ma[k]e a substantial showing of the denial of a
constitutional right.” 28 U.S.C. § 2253(c).
VACATED AND REMANDED.
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