LUTZ v. PALMER

Filing 27

ORDER adopting the magistrate judge's 23 Report and Recommendation. Respondent's motion to dismiss (doc. 14 ) is DENIED. Petitioner's motion for summary judgment (doc. 21 ) is DENIED. Respondent is directed to file an answer to the 1 Petition for Writ of Habeas Corpus within (60) DAYS from the date of docketing of this order. Signed by SENIOR JUDGE LACEY A COLLIER on 4/23/2012. (djb)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
DAVID EARL LUTZ,
Petitioner,
vs.

Case No. 3:11cv334/LAC/EMT

JOHN PALMER, WARDEN,
Respondent.
___________________________________/
ORDER
This cause comes on for consideration upon the magistrate judge’s Report and
Recommendation dated March 9, 2012 (doc. 23). 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 objections
filed.
Having considered the Report and Recommendation, and the timely filed objections thereto,
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. 14) is DENIED.

3.

Petitioner’s motion for summary judgment (doc. 21) is DENIED.

4.

Respondent is directed to file an answer to the habeas petition within SIXTY (60)

DAYS from the date of docketing of this order.
DONE AND ORDERED this 23rd day of April, 2012.

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