Daniel Siebert v. Richard F. Allen, No. 06-11841 (11th Cir. 2007)

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This opinion or order relates to an opinion or order originally issued on March 7, 2007.

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[PUBLISH] IN THE UNITED STATES COURT OF APPEALS FILED FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS ________________________ ELEVENTH CIRCUIT Dec. 21, 2007 THOMAS K. KAHN CLERK No. 06-11841 ________________________ D. C. Docket No. 01-02323-CV-IJP-TMP DANIEL SIEBERT, Petitioner-Appellant, versus RICHARD F. ALLEN, Commissioner, Alabama Department of Corrections, Respondent-Appellee. ________________________ Appeal from the United States District Court for the Northern District of Alabama _________________________ (December 21, 2007) ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES Before TJOFLAT, BARKETT and WILSON, Circuit Judges. PER CURIAM: This case comes to us on remand from the Supreme Court of the United States. See Allen v. Siebert, 552 U.S. ___, 128 S. Ct. 2 (2007), reversing Siebert v. Allen, 480 F.3d 1089 (11th Cir. 2007). In accordance therewith, we hereby AFFIRM the district court s dismissal of Siebert s federal habeas petition as being untimely filed pursuant to 28 U.S.C. ยง 2244(d). AFFIRMED. 2

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