GRIEGO v. JONES

Filing 44

ORDER adopting 42 REPORT AND RECOMMENDATION. Respondent's motion to dismiss, ECF No. 38 , is DENIED. The Respondent must file an answer to the amended § 2254 petition within thirty (30) days, on or before 6 February 2019. Petitioner Anthony Regelio Griego may file a reply within 30 days after service of the answer. The case is remanded to the magistrate judge for further proceedings. Signed by SENIOR JUDGE LACEY A COLLIER on 1/3/2019. (Internal deadline for referral to judge if response to habeas petition not filed by 2/6/2019).) (MB)

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
ANTHONY REGELIO GRIEGO,
Petitioner,
v.

Case No. 3:17cv66-LC/CAS

JULIE L. JONES, Secretary,
Florida Department of Corrections,
Respondent.
/
ORDER
This cause comes before the Court on the Report and
Recommendation of the Magistrate Judge (ECF No. 42) dated December
3, 2018, recommending that the Respondent’s motion to dismiss (ECF No.
38) the amended petition filed pursuant to 28 U.S.C. § 2254 (ECF No. 7) as
unexhausted be denied. The parties have been furnished a copy of the
Report and Recommendation and have been afforded an opportunity to file
objections. No objections have been filed.
Having considered the Report and Recommendation, I have
determined that it should be adopted.
Accordingly, it is now ORDERED as follows:

Page 2 of 2

1. The Report and Recommendation, ECF No. 42, is adopted and
incorporated by reference in this order.
2. The Respondent’s motion to dismiss, ECF No. 38, is DENIED.
3. The Respondent must file an answer to the amended § 2254
petition within thirty (30) days, on or before 6 February 2019.
4. The Petitioner Anthony Regelio Griego may file a reply within 30
days after service of the answer.
5. The case is remanded to the magistrate judge for further
proceedings.
DONE AND ORDERED on this 3rd day of January, 2019.

s/ L.A. Collier
LACEY A. COLLIER
Senior United States District Judge

Case No. 3:17cv66-LC/CAS