WILLIAMS JR v. DIXON

Filing 30

ORDER ACCEPTING AND ADOPTING 29 REPORT AND RECOMMENDATION; granting 18 MOTION to Dismiss; denying 21 MOTION for Evidentiary Hearing; denying 28 MOTION/APPLICATION for Certificate of Appealability. Signed by CHIEF JUDGE MAR K E WALKER on 1/6/2025. The Clerk shall enter judgment stating, "The second amended 28 U.S.C. § 2254 petition for writ of habeas corpus, ECF No. 10 , is DISMISSED with prejudice as untimely." A certificate of appealability is DENIED. The Clerk shall close the file. (kdm)

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
GAINESVILLE DIVISION
KENNETH D. WILLIAMS, JR.,
Petitioner,
v.

Case No.: 1:23cv233-MW/ZCB

RICKY D. DIXON,
Respondent.
___________________________/
ORDER ACCEPTING AND ADOPTING
REPORT AND RECOMMENDATION
This Court has considered, without hearing, the Magistrate Judge's Report and
Recommendation. ECF No. 29. Accordingly, upon consideration, no objections
having been filed by the parties,
IT IS ORDERED:
The report and recommendation, ECF No. 29, is accepted and adopted as
this Court’s opinion. Respondent’s motion to dismiss, ECF No. 18, is GRANTED.
Petitioner’s motion for evidentiary hearing, ECF No. 21, is DENIED. The Clerk
shall enter judgment stating, “The second amended 28 U.S.C. § 2254 petition for
writ of habeas corpus, ECF No. 10, is DISMISSED with prejudice as untimely.”
A certificate of appealability is DENIED. Petitioner’s motion for certificate of

appealability, ECF No. 28, is also DENIED. The Clerk shall close the file.
SO ORDERED on January 6, 2025.
s/Mark E. Walker
____
Chief United States District Judge

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