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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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.
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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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