BROWN v. CREWS

Filing 33

ORDER adopting the Chief Magistrate Judge's 30 Report and Recommendation. Respondent's 25 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 CHIEF JUDGE M CASEY RODGERS on 09/08/2014. (MB)

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
FRANKLIN BROWN,
Petitioner,
vs.

Case No.: 3:13cv64/MCR/EMT

MICHAEL D. CREWS,
Respondent.
_________________________________/
ORDER
This cause comes on for consideration upon the magistrate judge’s Report and
Recommendation dated March 20, 2014 (doc. 30). 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), and the Court has
made a de novo determination of all timely filed objections (doc. 32).
Having considered the Report and Recommendation, and the timely filed objections,
the Court concludes 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. 25) 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 8th day of September, 2014.

s/

M. Casey Rodgers

M. CASEY RODGERS
CHIEF UNITED STATES DISTRICT JUDGE