LEWIS v. SECRETARY DEPARTMENT OF CORRECTIONS

Filing 30

ORDER ADOPTING 23 REPORT AND RECOMMENDATION. Respondent's Motion to Dismiss (doc. 15 ) is GRANTED, and the Petition for Writ of Habeas Corpus (doc. 1 ) is DISMISSED with prejudice as untimely. A certificate of appealability is DENIED. Signed by CHIEF JUDGE M CASEY RODGERS on 9/8/2014. (sdw)

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Page 1 of 2 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION DOUGLAS WAYNE LEWIS, JR., Petitioner, v. Case No. 3:13cv119/MCR/EMT SECRETARY, DEPARTMENT OF CORRECTIONS, Respondent. _________________________________/ ORDER This cause comes on for consideration upon the Chief Magistrate Judge’s Report and Recommendation dated February 14, 2014. (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). The Court has made a de novo determination of the timely filed objections. Having considered the Report and Recommendation, and the objections thereto timely filed1, the Court has determined that the Report and Recommendation should be adopted. Accordingly, it is now ORDERED as follows: 1. The Chief Magistrate Judge’s Report and Recommendation is adopted and incorporated by reference in this Order. 2. Respondent’s Motion to Dismiss (doc. 15) is GRANTED, and the Petition for Writ of Habeas Corpus (doc. 1) is DISMISSED with prejudice as untimely. 1 The Court granted Petitioner’s m otion to am end his objections to the Report and Recom m endation filed June 5, 2014 (doc. 29) and reviewed sam e. Page 2 of 2 3. 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 Case No: 3:13cv119/MCR/EMT

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