United States Eleventh Circuit

In a criminal procedure matter of first impression regarding whether a district court had discretion not to consider a criminal-petitioner's arguments regarding the timeliness of petitioner's federal habeas petition when petitioner raised the timeliness arguments for the first time in his objections to a magistrate judge's report and recommendation, dismissal of petition for writ of habeas corpus is affirmed where: 1) a district court has discretion to decline to consider a party's argument when that argument was not first presented to the magistrate judge; and 2) the district court did not abuse its discretion in dismissing petitioner's 28 U.S.C. section 2254 habeas petition as time-barred.

Appellate Information

• Decided 02/10/2009
• Published 02/10/2009

Judges

Court

• United States Eleventh Circuit

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