[PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
FILED
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
FEBRUARY 6, 2002
No. 00-15579 THOMAS K. KAHN
CLERK
D. C. Docket No. 99-01183-CV-J-21CA
THOMAS EUGENE HENSLEY,
Petitioner-Appellant,
versus
MICHAEL W. MOORE,
ROBERT A. BUTTERWORTH,
Respondents-Appellees.
Appeal from the United States District Court
for the Middle District of Florida
(February 6, 2002)
Before TJOFLAT, RONEY and COX, Circuit Judges,
PER CURIAM:
The question presented by the certificate of appealability in this case, which
was brought under 28 U.S.C. § 2254 to challenge the constitutional validity of a
1974 rape conviction, is essentially: whether the one-year statute of limitations
created by the Antiterrorism and Effective Death Penalty Act of 1996 was tolled by
petitioner’s previously filed federal petition seeking the same § 2254 relief. The
Supreme Court has answered this question in the negative. See Duncan v. Walker,
121 S.Ct. 2120, 2129 (2001).1
AFFIRMED.
1
In his brief on appeal (filed by his court appointed lawyer), petitioner asks
us to hold the present habeas petition timely by invoking the principle of “equitable
tolling.” To do this we would have to amend the certificate of appealability. We
do have the authority to amend the certificate, but we decline to exercise it because
petitioner did not present his equitable tolling argument to the district court.
2