MITCHELL v. TUCKER

Filing 33

ORDER. The magistrate judges 27 Report and Recommendation, as supplemented 30 , is adopted. Respondent's motion to dismiss (doc. 18 ) is GRANTED. The amended petition for writ of habeas corpus (doc. 5 ) is DISMISSED with prejudice as untimely. A certificate of appealability is DENIED. Signed by SENIOR JUDGE ROGER VINSON on May 17, 2013. (pmc)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
MARCUS D. MITCHELL,
Petitioner,
vs.

Case No.: 3:12cv137/RV/EMT

MICHAEL D. CREWS,
Respondent.
____________________________/
ORDER
This cause comes on for consideration upon the magistrate judge’s Report and
Recommendation dated April 1, 2013, and supplement thereto dated April 3, 2013 (docs. 27, 30).
The parties have been furnished a copy of the Report and Recommendation and supplement, 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 all timely filed objections.
Having considered the Report and Recommendation, as supplemented, and any timely filed
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, as supplemented, is adopted

and incorporated by reference in this order.
2.

Respondent’s motion to dismiss (doc. 18) is GRANTED.

3.

The amended petition for writ of habeas corpus (doc. 5) is DISMISSED with

prejudice as untimely.
4.

A certificate of appealability is DENIED.

DONE AND ORDERED this 17th day of May, 2013.
/s/ Roger Vinson
ROGER VINSON
SENIOR UNITED STATES DISTRICT JUDGE