KELLEY v. TUCKER

Filing 20

ORDER adopting 19 Report and Recommendation. The petitioner's motion for voluntary dismissal (doc. 18 ) is GRANTED. 3. The respondent's motion to dismiss (doc. 15 ) is DENIED as moot. The petition for writ of habea s corpus (doc. 1 ) challenging petitioner's judgment of conviction and sentences in State of Florida v. Glenn Douglas Kelley, Escambia County Circuit Court Case No. 08-CF-5944, is DISMISSED WITHOUT PREJUDICE except as to any application of the federal statute of limitations or other procedural bar. The clerk is directed to close the file. Signed by SENIOR JUDGE LACEY A COLLIER on February 26, 2013. (pmc)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
GLENN DOUGLAS KELLEY,
Petitioner,
vs.

3:12cv236/LAC/CJK

MICHAEL D. CREWS,
Respondent.
ORDER
This cause comes on for consideration upon the magistrate judge's report and
recommendation dated January 18, 2013. (Doc. 19). The petitioner has been
furnished a copy of the report and recommendation and has 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:
1.

The magistrate judge’s report and recommendation is adopted and

incorporated by reference in this order.
2.

The petitioner’s motion for voluntary dismissal (doc. 18) is GRANTED.

3.

The respondent’s motion to dismiss (doc. 15) is DENIED as moot.

4.

The petition for writ of habeas corpus (doc. 1) challenging petitioner’s

judgment of conviction and sentences in State of Florida v. Glenn Douglas Kelley,
Escambia County Circuit Court Case No. 08-CF-5944, is DISMISSED WITHOUT

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PREJUDICE except as to any application of the federal statute of limitations or other
procedural bar.
5.

The clerk is directed to close the file.

DONE AND ORDERED this 26th day of February, 2013.

s /L.A.

Collier

LACEY A. COLLIER
SENIOR UNITED STATES DISTRICT JUDGE

Case No: 3:12cv236/LAC/CJK