Legal Opinion

Williams v. McNeil

Court of Appeals for the Eleventh Circuit

Decided February 10, 2009No. 08-11259PublishedCited by 848 opinions

1Opinion of the Court

DUBINA, Circuit Judge:

This appeal presents a question of first impression for our circuit: whether a district court has discretion not to consider a petitioner’s arguments regarding the timeliness of his federal habeas petition when the petitioner raises the timeliness arguments for the first time in his objections to a magistrate judge’s report and recommendation. For the reasons that follow, we conclude that the district court has such discretion and, under the circumstances of this case, did not abuse its discretion. Accordingly, we affirm the district court’s judgment of dismissal of…

2Cases cited13 opinions

  1. Thomas v. ArnSupreme Court of the United States · 1986
  2. Houston v. LackSupreme Court of the United States · 1988
  3. United States v. RaddatzSupreme Court of the United States · 1980
  4. Paterson-Leitch Company, Inc. v. Massachusetts Municipal Wholesale Electric CompanyCourt of Appeals for the First Circuit · 1988
  5. Ray MARSHALL, Plaintiff-Appellant, v. Shirley S. CHATER, Commissioner of Social Security, Defendant-AppelleeCourt of Appeals for the Tenth Circuit · 1996

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3Cited by848 opinions

  1. Waseem Daker v. Commissioner, Georgia Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 2016
  2. United States v. Deshawn Travis GloverCourt of Appeals for the Eleventh Circuit · 2012
  3. Jackson v. Select Portfolio Servicing, Inc.District Court, S.D. Alabama · 2009
  4. James Samples v. David BallardCourt of Appeals for the Fourth Circuit · 2017
  5. Kenneth Lodge v. Kondaur Capital CorporationCourt of Appeals for the Eleventh Circuit · 2014

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