MOORE v. JONES

Filing 20

ORDER ADOPTING 19 REPORT AND RECOMMENDATION. The Clerk shall enter judgment stating, "Respondent's motion to dismiss (ECF No. 10 ) is GRANTED. Leave to appeal in forma pauperis is DENIED." The Clerk shall close the file. Signed by SENIOR JUDGE LACEY A COLLIER on 12/21/2016. (sdw)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION ALLEN MOORE, JR., Petitioner, v. Case No. 3:15cv499-LC/CAS JULIE L. JONES, Respondent. / ORDER This matter is before the Court on the Report and Recommendation of the U.S. Magistrate Judge (ECF No. 19) that Respondent’s motion to dismiss (ECF No. 10) be granted and the petition for writ of habeas corpus, filed pursuant to 28 U.S.C. § 2254, be dismissed as untimely. The parties have been furnished a copy of the Report and Recommendation and have been afforded an opportunity to file objections pursuant 28 U.S.C. § 636(b)(1). No objections have been filed. Having considered the Report and Recommendation, I have determined the Report and Recommendation should be adopted. Accordingly, it is now ORDERED as follows: 1. The Report and Recommendation (ECF No. 19) is adopted and incorporated by reference in this order. 2. The Clerk shall enter judgment stating, “Respondent’s motion to dismiss (ECF No. 10) is GRANTED. Leave to appeal in forma pauperis is DENIED.” 3. The Clerk shall close the file. DONE AND ORDERED on December 21, 2016. s/ L.A. Collier LACEY A. COLLIER SENIOR UNITED STATES DISTRICT JUDGE

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