FRITTS v. CREWS

Filing 15

ORDER ADOPTING 12 REPORT AND RECOMMENDATION: Respondent's 9 Motion to Dismiss Ground Two of Amended Petition is GRANTED. Ground Two of the 5 Amended Petition is DISMISSED as untimely. Case is REMANDED to Magistrate Judge for further proceedings. On remand, the Magistrate Judge shall enter a scheduling order directing the parties to brief Ground One of the Amended Petition on the merits. Signed by SENIOR JUDGE MAURICE M PAUL on 8/13/2015. (jws)

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

CASE NO. 1:14-cv-00207-MP-GRJ

JULIE JONES,1
Respondent.
_____________________________/
ORDER
This cause comes on for consideration upon the Magistrate Judge's Report and
Recommendation dated May 12, 2015. (Doc. 12). 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 (doc. 12) is adopted and
incorporated by reference in this order.

2.

Respondent’s Motion to Dismiss Ground Two of the Amended Petition (doc. 9) is
GRANTED.

1

The Clerk shall substitute Julie Jones as Secretary of the Florida Department of Corrections in place of
Michael D. Crews. As explained in Respondent’s motion to dismiss (doc. 9), Julie Jones became Secretary on
January 5, 2015, and shall, therefore, be automatically substituted as Respondent pursuant to Federal Rule of Civil
Procedure 25(d).

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3.

Ground Two of the Amended Petition for Writ of Habeas Corpus (doc. 5) is
DISMISSED as untimely.

4.

This case is remanded to the Magistrate Judge for further proceedings. On
remand, the Magistrate Judge shall enter a scheduling order directing the parties
to brief Ground One of the Amended Petition on the merits.

DONE AND ORDERED this

13th day of August, 2015

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

Case No: 1:14-cv-00207-MP-GRJ