REMBERT v. DEPARTMENT OF CORRECTIONS

Filing 28

ORDER ADOPTING 25 Report and Recommendation. The 20 Motion to Dismiss is hereby GRANTED, and the § 2254 petition challenging the judgment of the First Judicial Circuit, Escambia County, case 00-4547-CFA, DISMISSED as untimely. Signed by SENIOR JUDGE LACEY A COLLIER on 11/19/2008. (djb)

Download PDF
Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION WILLIE REMBERT, Petitioner, vs. WALTER A. McNEIL, Respondent. / Case No. 3:07cv426-LAC/WCS ORDER This cause comes on for consideration upon the magistrate judge's report and recommendation dated October 23, 2008. The parties have been furnished a copy of the report and recommendation and afforded an opportunity to file objections. Pursuant to Title 28, United States Code, Section 636(b)(1), I have made a de novo determination of any portions to which an objection has been made. Having considered the report and recommendation and the objections thereto , I have determined that the report and recommendation should be adopted. Page 2 of 2 Acco rdin gly, it is now ORDERED as follows: 1. The magistrate judge's report and recommendation is adopted and incorporated by reference in this order. 2. The motion to dismiss (doc. 20) is hereby GRANTED, and the 2254 petition challen ging the judgment of the First Judicial Circuit, Escambia County, case 00-4547CFA, DISMISSED as untimely. DONE AND ORDERED this 19th day of November, 2008. s / L . A . Collier LACEY A. COLLIER Senior United States District Judge Case No. 3:07cv426-LAC/WCS

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?