BORGWALD v. JONES
Filing
36
ORDER adopting the magistrate judge's 34 Report and Recommendation. The 16 Motion to Dismiss is GRANTED. The 7 Amended Petition for Writ of Habeas Corpus is DISMISSED. A Certificate of Appealability is DENIED. Signed by SENIOR JUDGE LACEY A COLLIER on 6/13/2017. (djb)
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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
CHRISTIAN D BORGWALD,
Petitioner,
v.
CASE NO. 3:15-cv-63-LC-GRJ
SECRETARY, DEPT.
OF CORRECTIONS,
Respondent.
_____________________________/
ORDER
This cause comes on for consideration upon the magistrate judge’s Report
and Recommendation dated May 22, 2017 (ECF No. 34). 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 the objections filed.
Having considered the Report and Recommendation, and the timely filed
objections thereto, I have determined 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.
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2. The Motion to Dismiss, ECF No. 16, is GRANTED. The Petition, ECF
No. 7, is DISMISSED as time-barred and alternatively DENIED on the
merits. A Certificate of Appealability is DENIED.
DONE AND ORDERED this 13th day of June, 2017.
s/L.A. Collier
LACEY A. COLLIER
SENIOR UNITED STATES DISTRICT JUDGE
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