BRACE v. FLORIDA DEPARTMENT OF CORRECTIONS SECRETARY

Filing 21

ORDER ADOPTING 20 REPORT AND RECOMMENDATION. Respondent's motion to dismiss (ECF No. 17 ) is GRANTED. The habeas petition (ECF No. 1 ) is DISMISSED with prejudice as untimely. A certificate of appealability is DENIED. Signed by SENIOR JUDGE LACEY A COLLIER on 5/31/2017. (sdw)

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Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION STEPHEN JEFFERY BRACE, Petitioner, vs. Case No.: 3:16cv147/LAC/EMT FLORIDA DEPARTMENT OF CORRECTIONS SECRETARY, Respondent. ____________________________/ ORDER This cause comes on for consideration upon the chief magistrate judge’s Report and Recommendation dated May 1, 2017 (ECF No. 20). 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). No objections have been filed. Having considered the Report and Recommendation, I have determined that the Report and Recommendation should be adopted. 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. Page 2 of 2 2. Respondent’s motion to dismiss (ECF No. 17) is GRANTED. 3. The habeas petition (ECF No. 1) is DISMISSED with prejudice as untimely. 4. A certificate of appealability is DENIED. DONE AND ORDERED this 31st day of May, 2017. s/L.A. Collier LACEY A. COLLIER SENIOR UNITED STATES DISTRICT JUDGE Case No.: 3:16cv147/LAC/EMT

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