ELLIOTT v. STATE OF FLORIDA

Filing 37

ORDER ADOPTING 36 REPORT AND RECOMMENDATION. Respondent's motion to dismiss, ECF No. 30 , is GRANTED. The second amended habeas petition, ECF No. 11 , is DISMISSED with prejudice as untimely. A certificate of appealability is DENIED. Signed by CHIEF JUDGE M CASEY RODGERS on 3/1/2017. (sdw)

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION

DENNIS WAYNE ELLIOTT,
Petitioner,
v.

CASE NO. 3:15cv359/MCR/EMT

JULIE L. JONES,
Respondent.
_________________________________/

ORDER
This cause comes on for consideration upon the chief magistrate judge’s Report
and Recommendation dated January 31, 2017. ECF No. 36. 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.

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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, ECF No. 30, is GRANTED.

3.

The second amended habeas petition, ECF No. 11, is DISMISSED with

prejudice as untimely.
4.

A certificate of appealability is DENIED.

DONE AND ORDERED this 1st day of March, 2017.

s/

M. Casey Rodgers

M. CASEY RODGERS
CHIEF UNITED STATES DISTRICT JUDGE

Case No. 3:15cv359/MCR/EMT