NICKELSON v. SECRETARY DEPARTMENT OF CORRECTIONS
ORDER adopting Magistrate Judge's 17 REPORT AND RECOMMENDATION. The Clerk shall enter judgment stating, "Respondent's motion to dismiss (ECF No. 14 ) is GRANTED and the petition for writ of habeas corpus (ECF No. 1 ) is DISMISSED. Any certificate of appealability is DENIED and leave to appeal in forma pauperis is also DENIED." The Clerk shall close the file. Signed by SENIOR JUDGE LACEY A COLLIER on 10/10/2019. (MB)
IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
DAVID L. NICKELSON,
Case No. 3:18cv2196-LC/CAS
DEPARTMENT OF CORRECTIONS,
This matter is before the Court on the Report and Recommendation
of the U.S. Magistrate Judge dated September 19, 2019 (ECF No. 17), that
Respondent’s motion to dismiss (ECF No. 14) be granted and the petition
for writ of habeas corpus (ECF No. 1), filed pursuant to 28 U.S.C. § 2254,
be dismissed as untimely. 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. 17) is adopted and
incorporated by reference in this order.
2. The Clerk shall enter judgment stating, “Respondent’s motion to
dismiss (ECF No. 14) is GRANTED and the petition for writ of habeas
corpus (ECF No. 1) is DISMISSED. Any certificate of appealability is
DENIED and leave to appeal in forma pauperis is also DENIED.”
3. The Clerk shall close the file.
DONE AND ORDERED on this 10th day of October, 2019.
s /L.A. Collier
LACEY A. COLLIER
SENIOR UNITED STATES DISTRICT JUDGE
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