JONES v. TUCKER

Filing 36

ORDER ADOPTING 32 Report and Recommendation, 25 Motion to Dismiss filed by KENNETH S TUCKER is GRANTED in part and DENIED in part. Ground 5 of the 5 Amended Petition is DISMISSED as untimely and this matter is referred back to the magistrate judge for further proceedings on Grounds 1 through 4 of the Amended Petition.Signed by SENIOR JUDGE MAURICE M PAUL on 5/21/2013. (atm)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
GAINESVILLE DIVISION
EDWARD GEORGE JONES,
Petitioner,
v.

CASE NO. 1:11-cv-00269-MP-GRJ

SECRETARY, FLORIDA
DEPARTMENT OF CORRECTIONS,
Respondent.
_____________________________/
ORDER
This cause comes on for consideration upon the Magistrate Judge's Report and
Recommendation dated April 8, 2013. (Doc. 32). 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). The time for filing objections has passed, and
none have been filed.
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 hereby
ORDERED AND ADJUDGED:
1.

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

2.

Respondent’s Motion to Dismiss (doc. 25) is GRANTED in part and DENIED in
part.

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3.

Ground 5 of the Amended Petition (doc. 5) is DISMISSED as untimely and this
matter is referred back to the magistrate judge for further proceedings on Grounds
1 through 4 of the Amended Petition.

DONE AND ORDERED this

21st day of May, 2013

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

Case No: 1:11-cv-00269-MP-GRJ