VINING v. SECRETARY FLORIDA DEPARTMENT OF CORRECTIONS

Filing 17

ORDER ADOPTING 16 REPORT AND RECOMMENDATION - Respondent's 10 Motion to Dismiss is GRANTED, and 5 amended §2254 petition for writ of habeas corpus is DISMISSED. A certificate of appealability is DENIED. Signed by SENIOR JUDGE MAURICE M PAUL on 2/5/2015. (jws)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
GAINESVILLE DIVISION
JOHN VINING,
Petitioner,
v.

CASE NO. 1:13-cv-00246-MP-GRJ

SECRETARY FLORIDA DEPARTMENT OF CORRECTIONS,
Defendant.
_____________________________/
ORDER
This cause comes on for consideration upon the Magistrate Judge's Report and
Recommendation dated December 9, 2014. (Doc. 16). 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. The petition was untimely,
having been filed three years after the time limit. Also, the Court agrees with the Magistrate
Judge that the petitioner has not shown the extraordinary circumstances necessary to justify
equitable tolling. 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. 10, is GRANTED, and Doc 5, the
amended §2254 petition for writ of habeas corpus is DISMISSED. A certificate of
appealability is DENIED.

DONE AND ORDERED this

5th day of February, 2015

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