SMITH v. JONES

Filing 27

ORDER ADOPTING 23 REPORT AND RECOMMENDATION and GRANTING 18 Respondents motion to dismiss. The petition for writ of habeas corpus is DISMISSED as untimely. Any certificate of apepalability is DENIED and leave to appeal in forma pauperis is also DENIED. Signed by SENIOR JUDGE LACEY A COLLIER on 6/8/2017. (alb)

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
EUGENE SMITH,
Petitioner,
v.

Case No. 3:16cv199-LC/CAS

JULIE L. JONES,
Respondent.
/
ORDER
This matter is before the Court on the Report and Recommendation
of the U.S. Magistrate Judge dated April 19, 2017 (ECF No. 23). 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 determination of the objections filed.
Having considered the Report and Recommendation, and the
objections 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. 23) is adopted and
incorporated by reference in this order.

3. Respondent’s motion to dismiss (ECF No. 18) is GRANTED and
the petition for writ of habeas corpus filed by Eugene Smith pursuant to 28
U.S.C. § 2254 (ECF No. 1) is DISMISSED as untimely. 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 8th day of June, 2017.
s/ L.A. Collier

LACEY A. COLLIER
SENIOR UNITED STATES DISTRICT JUDGE