Hope v. State of Florida

Filing 20

ORDER adopting 17 Report of Magistrate Judge. Certificate of Appealability: DENIED. Signed by Judge James I. Cohn on 3/17/2014. (ns)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 13-61158-CIV-COHN/WHITE
CHRISTOPHER E. HOPE, SR.,
Petitioner,
v.
MICHAEL D. CREWS,
Respondent.
/
ORDER ADOPTING REPORT AND RECOMMENDATION
THIS CAUSE is before the Court upon the Report of Magistrate Judge [DE 17]
("Report and Recommendation") submitted by United States Magistrate Judge Patrick
A. White, regarding the Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus by a
Person in State Custody [DE 1] ("Petition") of Christopher E. Hope, Sr. Pursuant to
28 U.S.C. § 636(b)(1), the Court has conducted a de novo review of the record herein,
including the Petition, Respondent's Opposition [DE 13], the Report and
Recommendation, and Petitioner's Objections [DE 19], and is otherwise advised in the
premises.
In the Report and Recommendation, Judge White recommended dismissing the
Petition as time-barred. DE 17 at 9. In his Objections, Petitioner does not dispute that
his Petition was untimely. DE 19 at 3. Instead, Petitioner argues that he was unaware of
the applicable limitations period under the Antiterrorism and Effective Death Penalty Act
("AEDPA"). Id. As Judge White correctly noted in his Report and Recommendation,
however, ignorance of AEDPA's statute of limitations is insufficient to excuse the
untimely filing of a petition for writ of habeas corpus. DE 17 at 6–7 (citing Felder v.

Johnson, 204 F.3d 168, 172 & n.10 (5th Cir. 2000) (collecting cases)). The Court
therefore concurs in Judge White's determination that the Petition should be dismissed
as time-barred.
It is accordingly ORDERED AND ADJUDGED as follows:
1.

The Report of Magistrate Judge [DE 17] is ADOPTED.

2.

The Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus by a Person in
State Custody [DE 1] is DISMISSED as time-barred.

3.

Pursuant to Rule 11(a) of the Rules Governing Section 2254 Cases, Petitioner is
DENIED a certificate of appealability. The Court notes that pursuant to Rule
22(b)(1) of the Federal Rules of Appellate Procedure, Petitioner may now seek a
certificate of appealability from the Eleventh Circuit.

4.

The Court will enter a separate Final Judgment consistent with this Order.
DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County,

Florida, this 17th day of March, 2014.

Copies provided to:
Counsel of record via CM/ECF
Christopher E. Hope, Sr. (pro se)
A700734
Walton Correctional Institution
Inmate Mail/Parcels
691 Institution Road
De Funiak Springs, Florida 32433

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