MARTIN v. MCNEIL

Filing 41

ORDER ON REPORT AND RECOMMENDATION: 1. The magistrate judge's 38 Report and Recommendation is adopted and incorporated by reference in this order. 2. Respondent's motion to dismiss (doc. 29 ) is GRANTED. 3. The amended petition for writ of habeas corpus (doc. 16 ) is DISMISSED with prejudice as untimely. 4. A certificate of appealability is DENIED. Signed by District Judge M CASEY RODGERS on 3/11/2011. (djb)

MARTIN v. MCNEIL

Doc. 41

Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION STANLEY DELORD MARTIN, Petitioner, vs. EDWIN G. BUSS, Respondent. __________________________/ ORDER This cause comes on for consideration upon the magistrate judge's Report and Recommendation dated February 24, 2011. (Doc. 38). 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. 3:10cv28/MCR/EMT

incorporated by reference in this order. 2. 3. Respondent's motion to dismiss (doc. 29) is GRANTED. The amended petition for writ of habeas corpus (doc. 16) is DISMISSED with

prejudice as untimely. 4. A certificate of appealability is DENIED.

DONE AND ORDERED this 11th day of March, 2011.

s/

M. Casey Rodgers

M. CASEY RODGERS UNITED STATES DISTRICT JUDGE

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