SMITH v. STATE OF FLORIDA

Filing 43

ORDER ON REPORT AND RECOMMENDATION; adopting re 40 Report and Recommendation. Petitioner's attempts to amend his habeas petition to add the claims asserted in his Reply (doc. 25 ) and his Proposed Second Amended Petition (s ee doc. 33 , attachment) are DENIED as futile, since they are time barred. Petitioners First Amended Petition (doc. 7 ) is DENIED. A certificate of appealability is DENIED. The clerk is directed to close the file. Signed by District Judge M CASEY RODGERS on 2/25/2011. (djb)

-EMT SMITH v. STATE OF FLORIDA

Doc. 43

Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION TERRY D. SMITH, Petitioner, v. EDWIN G. BUSS, Respondent. _____________________________/ ORDER This cause comes on for consideration upon the magistrate judge's Report and Recommendation dated February 4, 2011. (Doc. 40). 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 any timely filed objections. Having considered the Report and Recommendation, and any 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 Case No. 3:09cv278/MCR/EMT

incorporated by reference in this order. 2. Petitioner's attempts to amend his habeas petition to add the claims asserted

in his Reply (doc. 25) and his Proposed Second Amended Petition (see doc. 33, attachment) are DENIED as futile, since they are time barred. 3. 4 5. Petitioner's First Amended Petition (doc. 7) is DENIED. A certificate of appealability is DENIED. The clerk is directed to close the file.

DONE AND ORDERED this 25th day of February, 2011. s/

M. Casey Rodgers

M. CASEY RODGERS UNITED STATES DISTRICT JUDGE

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