Summary
dismissing petition as untimely and finding that "[t]here is no exception to the § 2254 time limitation for claims raising challenges to the state court's subject matter jurisdiction"
Summary of this case from Wallace v. Sec'yOpinion
CASE NO. 4:12cv119-SPM/CAS
11-01-2012
ANDY V. JOSEPH, Petitioner, v. KENNETH S. TUCKER, Secretary of Florida Department of Corrections, Respondent.
ORDER
THIS CAUSE comes before the Court for consideration of the magistrate judge's report and recommendation (doc.13) dated October 4, 2012. Petitioner has filed an objection (doc 14) pursuant to Title 28, United States Code, Section 636(b)(1). Upon review, I have determined that the report and recommendation should be adopted.
There is no exception to the § 2254 time limitation for claims raising challenges to the state court's subject matter jurisdiction. Griffin v. Padula, 518 F.Supp.2d 671, 676-77 (D.S.C. 2007). Accordingly, it is hereby ORDERED as follows:
1. The magistrate judge's report and recommendation (doc. 13) is ADOPTED and incorporated by reference in this order.
2. Respondent's motion to dismiss (doc. 11) is granted.
3. The amended § 2254 petition for writ of habeas corpus (doc. 8) is summarily dismissed as untimely.
4. A certificate of appealability and leave to appeal in forma pauperis are denied.
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Stephan P. Mickle
Senior United States District Judge