REIGHN v. MCNEIL

Filing 33

ORDER ADOPTING 28 Report and Recommendation. Respondent's 22 Motion to dismiss is GRANTED. - The amended petition for writ of habeas corpus 5 is DISMISSED with prejudice as untimely. - - Signed by SENIOR JUDGE ROGER VINSON on October 30, 2009. (cbj)

Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION STEACYANNE REIGHN, Petitioner, vs. WALTER A. McNEIL, Respondent. ____________________________/ ORDER This cause comes on for consideration upon the magistrate judge's Report and Recommendation dated September 22, 2009 (Doc. 28). 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 all timely filed objections. Having considered the Report and Recommendation, and any timely filed objections thereto timely filed, 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. 22) is GRANTED. 3. The amended petition for writ of habeas corpus (Doc. 5) is DISMISSED with prejudice as untimely. DONE AND ORDERED this 30th day of October, 2009. Case No. 3:08cv505/RV/EMT

/s/ Roger Vinson ROGER VINSON SENIOR UNITED STATES DISTRICT JUDGE