HAWTHORNE v. STATE OF FLORIDA
Filing
16
ORDER adopting Chief Magistrate Judge's 14 REPORT AND RECOMMENDATION. Respondent's motion to dismiss, ECF No. 12 , is GRANTED; and the petition for writ of habeas corpus, ECF No. 7 , is DISMISSED with prejudice as untimely. A certificate of appealability is DENIED. The clerk of court is directed to enter judgment in accordance with this order and close the case. Signed by JUDGE M CASEY RODGERS on 9/9/2021. (mb)
Case 3:20-cv-05856-MCR-EMT Document 16 Filed 09/09/21 Page 1 of 2
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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
WILLIAM ALLEN HAWTHORNE,
Petitioner,
v.
CASE NO. 3:20cv5856-MCR-EMT
MARK S. INCH,
Respondent.
______________________________/
ORDER
The chief magistrate judge issued a Report and Recommendation on July 2,
2021.
ECF No. 14.
The parties were furnished a copy of the Report and
Recommendation and 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 all
timely filed objections.
Having considered the Report and Recommendation, and any timely filed
objections thereto, I have determined the Report and Recommendation should be
adopted.
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Accordingly, it is now ORDERED as follows:
1.
The chief magistrate judge’s Report and Recommendation, ECF No.
14, is adopted and incorporated by reference in this Order.
2.
Respondent’s motion to dismiss, ECF No. 12, is GRANTED; and the
petition for writ of habeas corpus, ECF No. 7, is DISMISSED with prejudice as
untimely.
3.
A certificate of appealability is DENIED.
4.
The clerk of court is directed to enter judgment in accordance with this
order and close the case.
DONE AND ORDERED this 9th day of September 2021.
s/
M. Casey Rodgers
M. CASEY RODGERS
UNITED STATES DISTRICT JUDGE
Case No. 3:20cv5856-MCR-EMT
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