CARSTEN v. DIXON

Filing 13

ORDER re adopting 11 Report and Recommendation. Respondent's motion to dismiss (Doc. 8 ) is GRANTED. Petitioner's §2254 habeas petition challenging the conviction in State v. Carsten, Bay County Case No. 2014CF3394, is DISMISSED WITH PREJUDICE as untimely. A certificate of appealability is DENIED. The Clerk is directed to enter judgment in accordance with this Order and close the file. Signed by JUDGE T KENT WETHERELL II on 11/21/2022. (jcw)

Case 5:22-cv-00050-TKW-HTC Document 13 Filed 11/21/22 Page 1 of 2

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION
BRIAN KEITH CARSTEN,
Petitioner,
v.

Case No. 5:22cv50-TKW-HTC

RICKY DIXON,
Respondent.
/
ORDER
This case is before the Court based on the magistrate judge’s Report and
Recommendation (Doc. 11). No objections were filed.
Upon due consideration of the Report and Recommendation and the case file,
the Court agrees with the magistrate judge’s determinations that Petitioner’s habeas
petition is untimely even if the time that the allegedly erroneously-denied
petition for belated appeal was pending is excluded from the one-year period in
28 U.S.C. §2244(d)(1)(A); that Petitioner is not entitled to equitable tolling; and
that Petitioner has not made a substantial showing of the denial of a constitutional
right such that a certificate of appealability is warranted. Accordingly, it is
ORDERED that:
1.

The magistrate judge’s Report and Recommendation is adopted and

incorporated by reference in this Order.

Case 5:22-cv-00050-TKW-HTC Document 13 Filed 11/21/22 Page 2 of 2
Page 2 of 2

2.

Respondent’s motion to dismiss (Doc. 8) is GRANTED.

3.

Petitioner’s §2254 habeas petition challenging the conviction in State

v. Carsten, Bay County Case No. 2014CF3394, is DISMISSED WITH
PREJUDICE as untimely.
4.

A certificate of appealability is DENIED.

5.

The Clerk is directed to enter judgment in accordance with this Order

and close the file.
DONE and ORDERED this 21st day of November, 2022.

__________________________________
T. KENT WETHERELL, II
UNITED STATES DISTRICT JUDGE

Case No. 5:22cv50-TKW-HTC