Filed: Jan. 20, 2012
Latest Update: Jan. 20, 2012
Summary: ORDER M. CASEY RODGERS, Chief District Judge. This cause comes on for consideration upon the magistrate judge's Report and Recommendation dated December 9, 2011 (doc. 37). Plaintiff has been furnished a copy of the Report and Recommendation and has been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). I have made a de novo determination of any timely filed objections. Having considered the Report and Recommendation, and any objections
Summary: ORDER M. CASEY RODGERS, Chief District Judge. This cause comes on for consideration upon the magistrate judge's Report and Recommendation dated December 9, 2011 (doc. 37). Plaintiff has been furnished a copy of the Report and Recommendation and has been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). I have made a de novo determination of any timely filed objections. Having considered the Report and Recommendation, and any objections t..
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ORDER
M. CASEY RODGERS, Chief District Judge.
This cause comes on for consideration upon the magistrate judge's Report and Recommendation dated December 9, 2011 (doc. 37). Plaintiff has been furnished a copy of the Report and Recommendation and has been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). I have made a de novo determination of any timely filed objections.
Having considered the Report and Recommendation, and any objections thereto timely filed, I have determined that the Report and Recommendation should be adopted.
Accordingly, it is now ORDERED as follows:
1. The magistrate judge's Report and Recommendation is adopted and incorporated by reference in this order.
2. The respondent's motion to dismiss (doc. 30) is GRANTED.
3. The amended petition for writ of habeas corpus (doc. 7) challenging the conviction and sentence in State of Florida v. Meldon Rich, in the Circuit Court of Escambia County, Florida, case number 97-828, is DISMISSED WITH PREJUDICE as untimely.
4. Petitioner's Motion to Correct the Record and Supplement Objection to Magistrate's Objection (doc. 43) is DENIED as moot.
5. The certificate of appealability is DENIED.
DONE AND ORDERED.
