Corbitt v. Allen

Filing 14

ORDER ADOPTING 11 Report and Recommendations of the Magistrate Judge. Respondent's 4 Motion to Dismiss is granted. Corbitt's Objections are overruled. Corbitt's petition for writ of habeas corpus, filed pursuant to 28 U.S.C. § 2254, is dismissed. The Clerk is directed to enter the appropriate judgment of dismissal. Signed by Chief Judge Lisa G. Wood on 11/12/2014. (ca)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
WAYCROSS DIVISION

NOAH F. CORBITT,
Petitioner,
CIVIL ACTION NO.: CV514-058

V.

MARTY C. ALLEN, Warden,
Respondent.

ORDER
After an independent and de novo review of the entire record, the undersigned
concurs with the Magistrate Judge's Report and Recommendation, to which Petitioner
Noah Corbitt ("Corbitt") filed Objections. In his Objections, Corbitt asserts that his state
habeas corpus petition was properly filed, and the state court ruled on the merits of his
petition. Corbitt also asserts that it would be unfair to not allow him to proceed with his
28 U.S.C. § 2254 petition.
The fact that the state court permitted Corbitt to proceed with the merits of his
petition and denied his petition has no bearing on the statute of limitations period which
is applicable to the filing of his section 2254 petition in this Court. The proper statute of
limitations period for the filing of a federal habeas corpus petition attacking a state court
conviction is found at 28 U.S.C. § 2244(d)(1), as the Magistrate Judge noted. The
Magistrate Judge also noted that Corbitt is not entitled to equitable tolling, and Corbitt

AO 72A
(Rev. 8/82)

offers nothing in his Objections which reveals that he is entitled to the application of this
extraordinary remedy.
Corbitt's Objections are

overruled.

The Magistrate Judges Report and

Recommendation is adopted as the opinion of the Court. Respondent's Motion to
Dismiss is GRANTED. Corbitts petition for writ of habeas corpus, filed pursuant to 28
U.S.C. § 2254, is DISMISSED. The Clerk of Court is directed to enter the appropriate
judgment of dismissal.

SO ORDERED, this

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day of

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2014.

LISA GODBEY WOOD, CHIEF JUDGE
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA

AO 72A
(Rev. /82)

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