LOWE v. INCH
Filing
18
ORDER ADOPTING 14 REPORT AND RECOMMENDATION ; granting 11 Motion to Dismiss. The petition for writ of habeas corpus (Doc. 1 ), challenging the judgment of conviction and sentence in State of Florida v. Timothy Jerome Lowe, E scambia County Circuit Court Case No. 2012-CF-6213, is DISMISSED WITH PREJUDICE as time barred. A certificate of appealability is DENIED. The Clerk of Court is directed to close this case file. Signed by SENIOR JUDGE LACEY A COLLIER on 1/7/2021. (jcw)
UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
TIMOTHY LOWE,
Petitioner,
v.
Case No. 3:20-cv-5060-LC-MJF
MARK INCH,
Respondent.
/
ORDER
This cause comes on for consideration upon the Magistrate Judge’s Report
and Recommendation dated November 19, 2020. (Doc. 14). The parties were
furnished a copy of the Report and Recommendation and were afforded an
opportunity to file objections pursuant to Title 28, United States Code, Section
636(b)(1). I have made a de novo determination of the timely filed objections.
Having considered the Report and Recommendation and the objections
thereto, I conclude that the Report and Recommendation should be adopted.
Accordingly, it is ORDERED:
1.
The Magistrate Judge’s Report and Recommendation (Doc. 14), is
adopted and incorporated by reference in this Order.
2.
Respondent’s Motion to Dismiss (Doc. 11) is GRANTED.
Page 1 of 2
3.
The petition for writ of habeas corpus (Doc. 1), challenging the
judgment of conviction and sentence in State of Florida v. Timothy Jerome Lowe,
Escambia County Circuit Court Case No. 2012-CF-6213, is DISMISSED WITH
PREJUDICE as time barred.
4.
A certificate of appealability is DENIED.
5.
The Clerk of Court is directed to close this case file.
DONE AND ORDERED this 7th day of January, 2021.
s/L.A. Collier
LACEY A. COLLIER
SENIOR UNITED STATES DISTRICT JUDGE
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