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)

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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.

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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