BLACK v. MCNEIL

Filing 36

ORDER adopting 34 Report and Recommendation. Resp's 27 motion to dismiss is GRANTED. The 1 petition for writ of habeas corpus is DISMISSED with prejudice as untimely. A certificate of appealability is DENIED. Signed by SENIOR JUDGE LACEY A COLLIER on September 30, 2011. (kvg)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
ARTHUR BLACK,
Petitioner,
vs.

Case No. 3:10cv391/LAC/EMT

KENNETH S. TUCKER,
Respondent.
___________________________________/
ORDER
This cause comes on for consideration upon the magistrate judge’s Report and
Recommendation dated August 26, 2011 (doc. 34). 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). No objections have been filed.
Having considered the Report and Recommendation, 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. 27) is GRANTED.

3.

The petition for writ of habeas corpus (doc. 1) is DISMISSED with prejudice as

untimely.
4.

A certificate of appealability is DENIED.

DONE AND ORDERED this 30th day of September, 2011.

s /L.A. Collier
LACEY A. COLLIER
SENIOR UNITED STATES DISTRICT JUDGE