NOLES v. CREWS
Filing
23
ORDER adopting the magistrate judge's 17 Report and Recommendation. Respondent's 13 Motion to Dismiss is GRANTED. This habeas petition is DISMISSED without prejudice for lack of jurisdiction. Petitioner's 22 Motion to Issue Certificate of Appealability is DENIED. Signed by CHIEF JUDGE M CASEY RODGERS on 12/6/2013. (djb)
Page 1 of 2
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
TIMOTHY E. NOLES,
Petitioner,
v.
Case No.: 3:13cv130/MCR/EMT
MICHAEL D. CREWS,
Respondent.
___________________________/
ORDER
This cause comes on for consideration upon the Magistrate Judge’s Report and
Recommendation dated October 16, 2013. (Doc. 17). 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 any timely filed objections (doc. 21).1 Having considered
the Report and Recommendation and timely filed objections, the Court concludes that the
Report and Recommendation should be adopted.
Additionally, having reviewed the Motion to Issue Certificate of Appealability (doc.
22), the Court finds that it is due to be denied.
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. 13) is GRANTED.
3.
This habeas action is DISMISSED without prejudice for lack of
jurisdiction.
1
In particular, the Court has considered Petitioner’s argum ents regarding the retroactivity of the
holding in Martinez v. Ryan, 132 S. Ct. 1309 (2012), which Petitioner asserts the Magistrate Judge failed to
address. The Court finds that Martinez offers him no avenue of relief. See Jones v. Ryan, 733 F.3d 825, 843
(9th Cir. 2013) (concluding Martinez does not apply retroactively), cert. denied, 134 S. Ct. 503 (2013); see also
Crutsinger v. Stephens, No. 12-70014, 2013 W L 5227078, at *6 (5th Cir. 2013) (unpublished) (sam e).
Page 2 of 2
4.
Petitioner’s Motion to Issue Certificate of Appealability (doc. 22) is DENIED.
DONE AND ORDERED this 6th day of December, 2013.
M. Casey Rodgers
M. CASEY RODGERS
CHIEF UNITED STATES DISTRICT JUDGE
Case No: 3:13cv130-/MCR/EMT
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?