Summary
stating that the petitioner's "attempt to invoke the discretionary jurisdiction of the Florida Supreme Court is not a 'properly filed' application for state post-conviction relief pursuant to Artuz . . . , and therefore has no tolling effect whatever on the federal limitations period because such relief is not available under Florida law."
Summary of this case from Roman v. Sec'yOpinion
Case No. 09-14347-CIV-GRAHAM/WHITE.
July 20, 2010
ORDER
THIS CAUSE came before the Court upon Petitioner Leo Maurice McClendon's Petition for Writ of Habeas Corpus pursuant to Title 28 U.S.C. § 2254 [D.E. 1].
THIS MATTER was initiated when pro se Plaintiff Leo Maurice McClendon filed a petition for writ of habeas corpus attacking his convictions entered in Case No. 01-01316 in the Circuit Court of the Nineteenth Judicial Circuit of Florida at Martin County. The matter was assigned to the Honorable United States Magistrate Judge Patrick A. White pursuant to the Clerk's Order [D.E. 2].
The Magistrate Judge issued a Report recommending that the petition for writ of habeas corpus be dismissed as untimely filed pursuant to 28 U.S.C. § 2244(d)(1)-(2) [D.E. 15]. The Petitioner has not filed objections to the Magistrate's Report. THE COURT has conducted a de novo review of the file and is otherwise fully advised in the premises. The Court concludes that Petitioner's claims are time-barred for the reasons specified in the Magistrate Judge's Report. Accordingly, it is
ORDERED AND ADJUDGED that United States Magistrate Judge White's Report is hereby RATIFIED, AFFIRMED and APPROVED in its entirety [D.E. 15]. In addition, it is
ORDERED AND ADJUDGED that Petitioner Leo Maurice McClendon's Petition for Writ of Habeas Corpus Pursuant to Title 28 U.S.C. § 2254 is DENIED. It is further
ORDERED AND ADJUDGED that this case is CLOSED and all pending Motions are DENIED as Moot.
DONE AND ORDERED in Chambers at Miami, Florida