KENNEDY v. JONES

Filing 27

ORDER adopting the magistrate judge's 21 Report and Recommendation. Respondent's 16 Motion to Dismiss is GRANTED. Petitioner's 1 Petition for Writ of Habeas Corpus is DISMISSED as untimely. A certificate of appealability is DENIED. Signed by CHIEF JUDGE M CASEY RODGERS on 5/25/2018. (djb)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION

AUGUSTA F. KENNEDY,
Petitioner,
v.

CASE NO. 3:17cv020-MCR/CAS

FLORIDA DEPARTMENT OF
CORRECTIONS SECRETARY,
Respondent.
________________

__________/
ORDER

This cause comes on for consideration upon the United States Magistrate
Judge’s Report and Recommendation dated January 17, 2018. ECF No. 21. The
parties have been furnished a copy of the Report and Recommendation and have
been afforded an opportunity to file objections pursuant to 28 U.S.C. § 636(b)(1).
Petitioner filed objections on March 27, 2018. ECF No 26. I have made a de novo
determination of the timely filed objections.
Having fully considered the Report and Recommendation, the objections,
and the record, I have determined that the Report and Recommendation should be
adopted.

Page 2 of 2

Accordingly, it is now ORDERED as follows:
1. The magistrate judge’s Report and Recommendation is adopted and
incorporated by reference in this Order.
2. Respondent’s motion to dismiss, ECF No. 16, is GRANTED.
3. Petitioner’s petition pursuant to 28 U.S.C. § 2254, ECF No. 1, is
DISMISSED as untimely pursuant to 28 U.S.C. § 2244(d)(1).
4. 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 25th day of May 2018.

M. Casey Rodgers

s/
M. CASEY RODGERS
CHIEF UNITED STATES DISTRICT JUDGE

Case No. 3:17cv20-MCR/CAS