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SMITH v. JONES, 3:14cv247/MCR/EMT. (2015)

Court: District Court, N.D. Florida Number: infdco20150519862 Visitors: 39
Filed: May 18, 2015
Latest Update: May 18, 2015
Summary: ORDER M. CASEY RODGERS , Chief District Judge . This cause comes on for consideration upon the chief magistrate judge's Report and Recommendation dated April 21, 2015. (Doc. 21). The parties have been furnished a copy of the Report and Recommendation and have been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). Having considered the Report and Recommendation and reviewed the timely filed objections (doc. 22) de novo, the Court has d
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ORDER

This cause comes on for consideration upon the chief magistrate judge's Report and Recommendation dated April 21, 2015. (Doc. 21). The parties have been furnished a copy of the Report and Recommendation and have been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). Having considered the Report and Recommendation and reviewed the timely filed objections (doc. 22) de novo, the Court has determined that the Report and Recommendation should be adopted.

Accordingly, it is now ORDERED as follows:

1. The chief magistrate judge's Report and Recommendation is adopted and incorporated by reference in this order.

2. Respondent's motion to dismiss (doc. 16) is GRANTED.

3. The habeas petition (doc. 1) is DISMISSED with prejudice as untimely.

4. A certificate of appealability is DENIED.

DONE AND ORDERED.

Source:  Leagle

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