MCHELLON v. SECRETARY OF FLORIDA DEPARTMENT OF CORRECTIONS

Filing 19

ORDER adopting 18 Report and Recommendation; granting 11 Motion to Dismiss. Signed by SENIOR JUDGE MAURICE M PAUL on 9/9/2014. The petition at Doc. 1 is dismissed with prejudice as untimely. A certificate of appealability is denied. (kdm)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
GAINESVILLE DIVISION
ALVIN RUSSELL MCHELLON,
Petitioner,
v.

CASE NO. 1:13-cv-00064-MP-GRJ

KENNETH S TUCKER,
Respondent.
_____________________________/
ORDER
This cause comes on for consideration upon the Magistrate Judge's Report and
Recommendation dated June 9, 2014. (Doc. 18). 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, 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.

The motion to dismiss at Doc. 11 is granted and the petition at Doc. 1 is dismissed
with prejudice as untimely. A certificate of appealability is denied.

DONE AND ORDERED this 9th day of September, 2014

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