[PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT FILED
________________________ U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
No. 06-11841 March 7, 2007
________________________ THOMAS K. KAHN
CLERK
D. C. Docket No. 01-02323-CV-IJP-TMP
DANIEL SIEBERT,
Petitioner-Appellant,
versus
RICHARD F. ALLEN, Commissioner,
Alabama Department of Corrections,
Respondent-Appellee.
________________________
Appeal from the United States District Court
for the Northern District of Alabama
_________________________
(March 7, 2007)
Before TJOFLAT, BARKETT, and WILSON, Circuit Judges.
BARKETT, Circuit Judge:
Daniel Siebert filed a federal habeas petition pursuant to 28 U.S.C. § 2254
on September 14, 2001 challenging the validity of his conviction and sentence for
the murder of Linda Jarman. The district court dismissed it as being untimely filed
pursuant to 28 U.S.C. § 2244(d). This court reversed and remanded, finding that
his state petition had been properly filed so that his one year federal statute of
limitations was tolled, making his federal petition timely. We thus remanded for
further proceedings. Siebert v. Campbell, 334 F.3d 1018 (11th Cir. 2003)
(“Siebert I”). However, instead of further proceedings, the district court revisited
the timeliness issue and again dismissed the petition as untimely, finding that Pace
v. DiGuglielmo, 544 U.S. 408 (2005), superseded our decision in Siebert I. We
find that the law of the case applies, noting that Pace did not address the question
presented in Siebert I, to wit: a statute of limitations that operated as an affirmative
defense. However, rather than continuing piecemeal litigation and revisiting our
opinion in Siebert I in light of Pace, we again reverse and remand for further
proceedings, including questions of procedural bar and the resolution of claims
which were exhausted on direct appeal.
REVERSED AND REMANDED.
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