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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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.

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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