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JOSEPH v. TUCKER, 4:10cv377-SPM/WCS. (2012)

Court: District Court, N.D. Florida Number: infdco20120309919 Visitors: 1
Filed: Mar. 08, 2012
Latest Update: Mar. 08, 2012
Summary: ORDER STEPHAN P. MICKLE, District Judge. THIS CAUSE comes before the court on the magistrate judge's report and recommendation dated January 31, 2012 (doc. 17). The parties have been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). No objections have been filed. Having considered the report and recommendation, I have determined that the report and recommendation should be adopted. Accordingly, it is hereby ORDERED as follows: 1. The mag
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ORDER

STEPHAN P. MICKLE, District Judge.

THIS CAUSE comes before the court on the magistrate judge's report and recommendation dated January 31, 2012 (doc. 17). The parties have been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). No objections have been filed. Having considered the report and recommendation, I have determined that the report and recommendation should be adopted.

Accordingly, it is hereby ORDERED as follows:

1. The magistrate judge's report and recommendation (doc. 17) is ADOPTED and incorporated by reference in this order.

2. The 2254 habeas petition is dismissed with prejudice as untimely.

3. The Court denies a certificate of appealability because Petitioner has failed to make a substantial showing of the denial of a constitutional right..

DONE AND ORDERED.

Source:  Leagle

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