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| Benavides Rivera v. United States AG, No. 06-14749 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 28, 2007, Decided , February 28, 2007, Filed
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Overview: A petition for review was denied because an alien's motion to reopen was filed more than 90 days after the BIA had denied her motion for reconsideration. The 90-day period in 8 C.F.R. § 1003.2(c)(2) was mandatory and jurisdictional; it was not subject to equitable tolling based on counsel's failure to file a timely motion to reopen.
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| Burke v. Burke, No. 06-11423 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 28, 2007, Decided , February 28, 2007, Filed
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Overview: In products liability suit, district court did not abuse its discretion in excluding expert opinions as not being reliably supported; doctor's opinion was based on data that did not account for preexisting condition from which decedent suffered, and engineer's opinion was based on data that eliminated 40 milliseconds of data from decedent's crash.
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| Ellis v. Hooks, No. 06-12702 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 28, 2007, Decided , February 28, 2007, Filed
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Overview: Inmate's 28 U.S.C.S. § 2254 petition was untimely, as it was filed 12 days after 28 U.S.C.S. § 2244(d)(1) limitations period expired, even accounting for tolling due to inmate's Ala. R. Crim. P. 32 petition, which was deemed filed on date of hardship affidavit, rather than date of petition, as evidence showed that it was filed on date of affidavit.
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| Hall v. Sec'y for the Dep't of Corr., No. 06-11877 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 28, 2007, Decided , February 28, 2007, Filed
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Overview: A district court's denial of a pro se state inmate's motion for leave to amend and dismissal of his § 1983 complaint pursuant to 28 U.S.C.S. § 1915(e)(2)(B)(ii) was vacated, and the case was remanded since the inmate was entitled to amend his complaint as a matter of course under Fed. R. Civ. P. 15(a); no defendant had filed a responsive pleading.
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| Jun Li Xiao v. United States AG, No. 06-14431 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 28, 2007, Decided , February 28, 2007, Filed
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Overview: Alien was not entitled to extension of 90-day period in 8 U.S.C.S. § 1229a(c)(7)(C)(i) for filing motion to reopen on grounds of changed circumstances; that the alien married and had children in the U.S. was not a change in circumstances arising out of the alien's native country of China but was only evidence of changed personal circumstances.
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| Kafka v. Wachovia Bank, N.A., No. 05-17070 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 28, 2007, Decided , February 28, 2007, Filed
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Overview: In a negligence case arising from issuing signature guarantees on stick certificates, a district court's entry of summary judgment in favor of a bank was affirmed because the stock certificate owners, who were strangers to the bank, failed to demonstrate that the bank violated a duty owed to them.
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| Scott v. McDonough, No. 06-11822 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 28, 2007, Decided , February 28, 2007, Filed
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Overview: A district court properly denied § 2254 habeas petition. Inmate's ineffective assistance of counsel claim was procedurally defaulted. Although he asserted ineffective counsel claim in state court, factual foundation for that claim was different. Inmate waited until district court to claim that counsel failed to consult with him about filing appeal.
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| Smith v. Collins, No. 06-14145 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 28, 2007, Decided , February 28, 2007, Filed
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Overview: The denial of a pro se state inmate's Fed. R. Civ. P. 60(b) motion for reconsideration of its 28 U.S.C.S. § 1915(g) dismissal of his § 1983 complaint was affirmed since the inmate abandoned the only argument that could have been made on appeal; that the three strike provision should not apply because of his imminent danger of physical injury.
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| Sosa v. Hames, No. 06-12520 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 28, 2007, Decided , February 28, 2007, Filed
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Overview: District court did not err in denying officer's Fed. R. Civ. P. 12(b)(6) motion to dismiss, on grounds of qualified immunity, arrestee's wrongful arrest suit; although search warrant authorized arrest of anyone who was in possession of items listed in search warrant, there was no evidence that items shown in search inventory were listed in warrant.
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