MULLINS v. JONES
Filing
26
ORDER ADOPTING 25 REPORT AND RECOMMENDATION and GRANTING 23 Amended Motion to Dismiss. The Clerk shall enter judgment stating, "Respondents amended motion to dismiss (ECF No. 23) is GRANTED and the petition for writ of habeas corpus (ECF No. 1) is DISMISSED as untimely. Any certificate of appealability is DENIED and leave to appeal in forma pauperis is also DENIED.". Signed by SENIOR JUDGE ROGER VINSON on 6/5/2017. (alb)
IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
ROBERT RANDALL MULLINS,
Petitioner,
v.
Case No. 3:16cv080-RV/CAS
FLORIDA DEPARTMENT OF
CORRECTIONS SECRETARY,
Respondent.
/
ORDER
This matter is before the Court on the Report and Recommendation
of the U.S. Magistrate Judge dated May 3, 2017 (ECF No. 25), that
Respondent’s amended motion to dismiss (ECF No. 23) be granted and the
petition for writ of habeas corpus (ECF No. 1), 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. 25) is adopted and
incorporated by reference in this order.
2. The Clerk shall enter judgment stating, “Respondent’s amended
motion to dismiss (ECF No. 23) is GRANTED and the petition for writ of
habeas corpus (ECF No. 1) is DISMISSED as untimely. Any certificate of
appealability is DENIED and leave to appeal in forma pauperis is also
DENIED.”
3. The Clerk shall close the file.
DONE AND ORDERED on this 5th day of June, 2017.
s/ Roger
Vinson
ROGER VINSON
SENIOR UNITED STATES DISTRICT JUDGE
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