CULVER v. JONES

Filing 20

ORDER. Petitioner's second request for an extension of time to file objections to the Report and Recommendation (ECF No. 19 ) is DENIED. Report and Recommendation (ECF No. 16 ) is adopted and incorporated by reference in this order. Respondent's motion to dismiss (ECF No. 13 ) is GRANTED and the petition for writ of habeas corpus filed by David Buck Culver pursuant to 28 U.S.C. § 2254 (ECF No. 1 ) is DISMISSED. Any certificate of appealability is DENIED and leave to appeal in forma pauperis is also DENIED. Clerk shall enter judgment and close the file. Signed by SENIOR JUDGE LACEY A COLLIER on 04/07/2017. (MB)

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
DAVID BUCK CULVER,
Petitioner,
v.

Case No. 3:16cv114-LC/CAS

JULIE JONES, Secretary,
Florida Department of Corrections,
Respondent.
/
ORDER
This matter is before the Court on the Report and Recommendation
of the U.S. Magistrate Judge dated January 20, 2017 (ECF No. 16). 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.
Petitioner has been granted one extension of time to file objections.
ECF No. 18. Petitioner has filed a second request for an extension of
time, ECF No. 19, which is denied.
Having considered the Report and Recommendation, I have
determined the Report and Recommendation should be adopted.
Accordingly, it is now ORDERED as follows:

1. Petitioner’s second request for an extension of time to file
objections to the Report and Recommendation (ECF No. 19) is DENIED.
2. The Report and Recommendation (ECF No. 16) is adopted and
incorporated by reference in this order.
3. Respondent’s motion to dismiss (ECF No. 13) is GRANTED and
the petition for writ of habeas corpus filed by David Buck Culver pursuant to
28 U.S.C. § 2254 (ECF No. 1) is DISMISSED. Any certificate of
appealability is DENIED and leave to appeal in forma pauperis is also
DENIED.
4. The Clerk shall enter judgment and close the file.
DONE AND ORDERED on this 7th day of April, 2017.
s/ L.A. Collier

LACEY A. COLLIER
SENIOR UNITED STATES DISTRICT JUDGE