THOMPSON v. SECRETARY DEPARTMENT OF CORRECTIONS ET AL

Filing 24

ORDER ACCEPTING REPORT AND RECOMMENDATION AND DISMISSING PETITION AS UNTIIMELY 22 Report and Recommendation. The petition at ECF No. 1 is DISMISSED WITH PREJUDICE as untimely. A certificate of appealability is DENIED. Signed by William Terrell Hodges on 7/18/17. (bkp)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
GAINESVILLE DIVISION

JAMES THOMPSON,
PETITIONER,
-vs-

Case No. 1:15-cv-00264-WTH-EMT

SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS,
RESPONDENT.
______________________________/
ORDER ACCEPTING REPORT AND RECOMMENDATION
AND DISMISSING PETITION AS UNTIMELY
This matter is before the Court on ECF No. 22, the Report and Recommendation
of the Magistrate Judge, recommending that Mr. Thompson’s petition under 28 U.S.C.
§ 2254 be dismissed as untimely. The parties were given the opportunity to file
objections, but none were filed and the time for filing objections has passed. The Court
agrees with the Magistrate Judge that petitioner had no collateral proceeding pending
between October of 2011 and October of 2012. Thus, his federal one-year limitations
period expired during that time and before he filed the instant petition. Accordingly, the
Report and Recommendation of the Magistrate Judge is accepted and incorporated
herein. The Clerk is directed to enter a judgment stating as follows: “Respondent’s
Motion to Dismiss, ECF No. 19, is GRANTED. The petition at ECF No. 1 is

Page 2 of 2

DISMISSED WITH PREJUDICE as untimely. A certificate of appealability is DENIED.”
The Clerk is directed to close the file.
IT IS SO ORDERED.
DONE and ORDERED at Gainesville, Florida this 18th day of July, 2017.

Case No: 1:15-cv-00264-WTH-EMT