JONES v. SECRETARY DEPARTMENT OF CORRECTIONS

Filing 38

ORDER ADOPTING 36 REPORT AND RECOMMENDATION. The petitioner's petition for writ of habeas corpus is DISMISSED with prejudice as untimely. The clerk shall enter judgment stating: "The petitioner's petition for writ of habeas corpus is dismissed with prejudice." Signed by SENIOR JUDGE WILLIAM STAFFORD on 9/4/12. (pll)

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Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION JOSHUA LEE JONES, Petitioner, v. 3:11cv239-WS/EMT SEC'Y, DEP'T OF CORR., Respondent. ORDER ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION Before the court is the magistrate judge's report and recommendation docketed August 1, 2012. See Doc. 36. The magistrate judge recommends that the petitioner's petition for writ of habeas corpus be dismissed with prejudice as untimely. The petitioner has filed no objections to the report and recommendation. This court having reviewed the magistrate judge's report and recommendation, it is ORDERED: 1. The magistrate judge's report and recommendation (doc. 36) is hereby ADOPTED and incorporated by reference into this order. 2. The petitioner's petition for writ of habeas corpus is DISMISSED with prejudice as untimely. 3. The clerk shall enter judgment stating: "The petitioner's petition for writ of habeas corpus is dismissed with prejudice." Page 2 of 2 4. A certificate of appealability is DENIED. DONE AND ORDERED this 4th day of September , 2012. s/ William Stafford WILLIAM STAFFORD SENIOR UNITED STATES DISTRICT JUDGE Case No. 3:11cv239-WS

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