BURNS v. CREWS

Filing 30

ORDER adopting the chief magistrate judge's 28 Report and Recommendation. Respondent's 23 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 9/29/2014. (djb) Modified on 9/29/2014 (djb).

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
BILLY RAY BURNS,
Petitioner,
v.

CASE NO. 3:13cv393/MCR/EMT

MICHAEL CREWS,
Respondent.
_____________________________/
ORDER
This cause comes on for consideration upon the chief magistrate judge’s Report and
Recommendation dated August 26, 2014 (doc. 28). 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). I have made a de
novo determination of any timely filed objections.
Having considered the Report and Recommendation, and any objections thereto
timely filed, I have 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. 23) 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 29th day of September 2014.

s/

M. Casey Rodgers

M. CASEY RODGERS
CHIEF UNITED STATES DISTRICT JUDGE