Sapp v. Secretary, Department of Corrections, 3:18cv401-RV/CAS. (2018)
Court: District Court, N.D. Florida
Number: infdco20181116a15
Visitors: 19
Filed: Nov. 14, 2018
Latest Update: Nov. 14, 2018
Summary: ORDER ROGER VINSON , Senior District Judge . This matter is before the Court on the Report and Recommendation of the U.S. Magistrate Judge dated October 9, 2018 (ECF No. 20), that Respondent's motion to dismiss (ECF No. 19) be granted and the petition for writ of habeas corpus (ECF No. 1), filed pursuant to 28 U.S.C. 2254, be dismissed as untimely. The parties have been furnished a copy of the Report and Recommendation and have been afforded an opportunity to file objections pursuant 28
Summary: ORDER ROGER VINSON , Senior District Judge . This matter is before the Court on the Report and Recommendation of the U.S. Magistrate Judge dated October 9, 2018 (ECF No. 20), that Respondent's motion to dismiss (ECF No. 19) be granted and the petition for writ of habeas corpus (ECF No. 1), filed pursuant to 28 U.S.C. 2254, be dismissed as untimely. The parties have been furnished a copy of the Report and Recommendation and have been afforded an opportunity to file objections pursuant 28 U..
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ORDER
ROGER VINSON, Senior District Judge.
This matter is before the Court on the Report and Recommendation of the U.S. Magistrate Judge dated October 9, 2018 (ECF No. 20), that Respondent's motion to dismiss (ECF No. 19) be granted and the petition for writ of habeas corpus (ECF No. 1), filed pursuant to 28 U.S.C. § 2254, be dismissed as untimely. The parties have been furnished a copy of the Report and Recommendation and have been afforded an opportunity to file objections pursuant 28 U.S.C. § 636(b)(1). I have made a de novo determination of the timely filed objections.
Having considered the Report and Recommendation and the objections thereto (doc. 22), I have determined the Report and Recommendation should be adopted.
Accordingly, it is now ORDERED as follows:
1. The Report and Recommendation (ECF No. 20) is adopted and incorporated by reference in this order.
2. The Clerk shall enter judgment stating, "Respondent's motion to dismiss (ECF No. 19) is GRANTED and the petition for writ of habeas corpus (ECF No. 1) is DISMISSED as untimely. Any certificate of appealability is DENIED and leave to appeal in forma pauperis is also DENIED."
3. The Clerk shall close the file.
DONE AND ORDERED.
Source: Leagle
