WERESKI v. MCNEIL
Filing
35
ORDER ADOPTING 32 REPORT AND RECOMMENDATION. Respondent's motion to dismiss 19 is GRANTED. The petition for writ of habeas corpus 1 is DISMISSED with prejudice as untimely. Signed by SENIOR JUDGE LACEY A COLLIER on 4/22/09. (lcu)
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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION JACK DAVID WERESKI, Petitioner, vs. WALTER A. McNEIL, Respondent. ___________________________________/ ORDER This cause comes on for consideration upon the magistrate judge's report and recommendation dated March 24, 2009 (Doc. 32). 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). I have made a de novo determination of the objections filed. Having considered the report and recommendation, and the timely filed objections thereto, I have determined that the report and recommendation should be adopted. Accordingly, it is now ORDERED as follows: 1. The magistrate judge's report and recommendation is adopted and incorporated by reference in this order. 2. Respondent's motion to dismiss (Doc. 19) is GRANTED. 3. The petition for writ of habeas corpus (Doc. 1) is DISMISSED with prejudice as untimely. DONE AND ORDERED this 22nd day of April, 2009. Case No. 3:08cv213/LAC/EMT
s /L.A. Collier LACEY A. COLLIER SENIOR UNITED STATES DISTRICT JUDGE
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