AMEZQUITA v. STATE OF FLORIDA

Filing 20

ORDER ADOPTING 16 REPORT AND RECOMMENDATION. Respondent's motion to dismiss, ECF No. 14 , is GRANTED and the amended petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254, ECF No. 8 , is DISMISSED as untimely. A certificate of appealability is DENIED pursuant to Rule 11(a) of the Rules Governing Section 2254 Cases in the U.S. District Courts. Signed by CHIEF JUDGE M CASEY RODGERS on 7/3/2017. (sdw)

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Page 1 of 2 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION MATTHEW AMEZQUITA, Petitioner, v. CASE NO. 3:16cv176-MCR/CAS STATE OF FLORIDA, Respondent. / ORDER This matter is before the Court on the Report and Recommendation of the U.S. Magistrate Judge dated May 8, 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). I have made a de novo review of any timely filed objections. Having considered the Report and Recommendation, and any objections filed thereto, I have determined the Report and Recommendation should be adopted. Accordingly, it is now ORDERED as follows: 1. The Report and Recommendation, ECF No. 16, is adopted and incorporated by reference in this Order. Page 2 of 2 2. Respondent’s motion to dismiss, ECF No. 14, is GRANTED and the amended petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254, ECF No. 8, is DISMISSED as untimely. 3. A certificate of appealability is DENIED pursuant to Rule 11(a) of the Rules Governing Section 2254 Cases in the U.S. District Courts. DONE AND ORDERED this 3rd day of July, 2017. s/ M. Casey Rodgers M. CASEY RODGERS CHIEF UNITED STATES DISTRICT JUDGE Case No. 3:16cv176-MCR/CAS

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