Summary
treating objections untimely filed in a section 2254 case as a motion for reconsideration, and denying the motion for reconsideration due to the original petition still being untimely
Summary of this case from Robinson v. FloridaOpinion
CASE NO. 4:09-cv-00009-MP-WCS.
March 11, 2009
ORDER
This matter is before the Court on Doc. 8, Motion for Relief from Judgment or Order, filed by Petitioner on March 3, 2009 (the date delivered to prison officials for mailing). In his motion, Petitioner requests relief from the Magistrate's Report and Recommendation, which the Magistrate entered on February 2, 2009. It appears, therefore, that Petitioner intended to file the instant motion as an objection to the Report and Recommendation. Like Petitioner's § 2254 habeas petition, however, the objection is untimely; the Court adopted the Report and Recommendation on March 4, 2009, long after the time for filing objections expired.See 28 U.S.C. § 636(b)(1). The Court will therefore construe Petitioner's motion as a motion for reconsideration of the order adopting the Report and Recommendation.
Upon consideration of the motion, the Court finds no ground for reconsideration. Notably, Petitioner fails to address the basis of the Magistrate's recommendation that his petition be dismissed: the Court dismissed the petition because it was untimely, not because it contained unexhausted claims. Also, contrary to Petitioner's assertion, the Magistrate was not required to hold an evidentiary hearing on the untimely petition. Finding no reason to reconsider the previous order, it is hereby
ORDERED AND ADJUDGED:
The Motion for Relief from Judgment or Order, Doc. 8, is DENIED.
DONE AND ORDERED.