Sibbitt v. Blackletter

Full title: RICKIE SIBBITT, Petitioner, v. SHARON BLACKLETTER, Respondent

Court: United States District Court, D. Oregon

Date published: May 8, 2007

Civil No. 06-1347-AA (D. Or. May. 8, 2007)

Opinion

Civil No. 06-1347-AA.

May 8, 2007

ORDER

ANN AIKEN, District Judge

By Order (#16) entered April 4, 2007, petitioner was allowed 14 days to show cause in writing why his petition should not be denied and this proceeding dismissed on the ground that petitioner's claims are time barred.

Petitioner was advised that failure to show cause as directed by the court would result in the dismissal of this proceeding.

Petitioner has not responded to the court's order. Respondent's Answer (#11) and Exhibits (#12) establish that petitioner did not file his federal petition for habeas corpus within the limitations period established by 28 U.S.C. § 2244(d). Petitioner has not established any extraordinary circumstances beyond his control made it impossible to file his claims on time. Miles v. Prunty, 187 F.3d 1104, 1107 (9^th Cir. 1999).

Petitioner's Petition (#2) is denied. This proceeding is dismissed.

IT IS SO ORDERED.