Filing 20

ORDER adopting the Magistrate Judge's 18 Report and Recommendation. The 12 Motion to Dismiss is GRANTED and the 1 Petition for Writ of Habeas Corpus is DISMISSED as time-barred and unexhausted, and alternatively DENIED on the merits. A certificate of appealability is DENIED. Signed by CHIEF JUDGE M CASEY RODGERS on 9/15/2017. (djb)

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Page 1 of 2 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION RODNEY A PRESSLER, Petitioner, v. CASE NO. 3:15cv503-MCR-GRJ SECRETARY, DEPT. OF CORRECTIONS, Respondent. _____________________________/ ORDER This cause comes on for consideration upon the magistrate judge’s Report and Recommendation dated July 21, 2017. ECF No. 18. 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 the objections filed. See ECF No. 19. Having considered the Report and Recommendation, and the timely filed objections thereto, the Court has determined that the Report and Recommendation should be adopted. Page 2 of 2 Accordingly, it is now ORDERED as follows: 1. The Magistrate Judge’s Report and Recommendation, ECF No. 18, is adopted and incorporated by reference in this Order. 2. The Motion to Dismiss, ECF No. 12, is GRANTED and the Petition is DISMISSED as time-barred and unexhausted, and alternatively DENIED on the merits. A Certificate of Appealability is DENIED. DONE AND ORDERED this 15th day of September, 2017. M. Casey Rodgers M. CASEY RODGERS CHIEF UNITED STATES DISTRICT JUDGE Case No. 3:15cv503-MCR-GRJ

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