MATHIS v. STATE OF FLORIDA

Filing 5

ORDER ON REPORT AND RECOMMENDATION; ADOPTING 3 Report and Recommendations; DENYING 1 COMPLAINT/ MOTION For Rule 60(b)(4). Signed by SENIOR JUDGE MAURICE M PAUL on 5/17/2011. The Clerk is directed to close this case. (kdm)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
GAINESVILLE DIVISION
WILLIE N MATHIS,
Plaintiff,
v.

CASE NO. 1:11-cv-00070-MP -GRJ

STATE OF FLORIDA,
Defendant.
_____________________________/
ORDER
This matter is before the Court on Doc. 3, Report and Recommendation of the Magistrate
Judge, recommending that the Motion for Rule 60(b)(4) be denied. The plaintiff filed a
response, Doc. 4, which the Court construes as an objection to the Report and Recommendation.
The Court agrees that plaintiff may not challenge an order of a state court using Fed. R. Civ. P.
60. To challenge a state court conviction, Mr. Mathis must seek relief under 28 U.S.C. § 2254.
Accordingly, it is hereby
ORDERED AND ADJUDGED:
1.

The motion at Doc. 1 is denied, and the Clerk is directed to close this case.

DONE AND ORDERED this 17th day of May, 2011

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