WILLIAMS v. McNEIL

No. 08-11259.

557 F.3d 1287 (2009)

Steadroy WILLIAMS, Petitioner-Appellant, v. Walter A. McNEIL, Secretary, Florida Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

February 10, 2009.


Attorney(s) appearing for the Case

Robyn M. Blake, Robyn M. Blake, P.A., Miami, FL, for Williams.

Mitchell A. Egber, West Palm Beach, FL, for McNeil.

Before DUBINA and CARNES, Circuit Judges, and GOLDBERG, Judge.


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...

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