EWELL v. STATE OF FLORIDA

Filing 29

ORDER ADOPTING 27 REPORT AND RECOMMENDATION: 1 Petition for Writ of Habeas Corpus is DENIED, and this cause is DISMISSED WITH PREJUDICE. Signed by SENIOR JUDGE MAURICE M PAUL on 9/16/2009. (jws)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA GAINESVILLE DIVISION VERNON JAMES EWELL, Petitioner, v. STATE OF FLORIDA, Respondent. _____________________________/ ORDER This matter is before the Court on Doc. 27, Report and Recommendation regarding the Petition for Writ of Habeas Corpus, Doc. 1, filed by Vernon James Ewell. Upon consideration, the Magistrate Judge has recommended that the petition be denied and this cause be dismissed with prejudice. Petitioner has filed no objections to the Report and Recommendation, and the time for doing so has passed. Upon review, this Court finds no plain error in the Report and Recommendation, and agrees with the Magistrate that the petition is untimely and unexhausted. Accordingly, it is hereby ORDERED AND ADJUDGED: 1. 2. The Report and Recommendation of the Magistrate Judge, Doc. 27, is ADOPTED and incorporated herein. The Petition for Writ of Habeas Corpus, Doc. 1, is DENIED, and this cause is DISMISSED WITH PREJUDICE. 16th day of September, 2009 CASE NO. 1:07-cv-00109-MP-AK

DONE AND ORDERED this

s/Maurice M. Paul
Maurice M. Paul, Senior District Judge