JONES v. DIXON

Filing 15

ORDER. The Magistrate Judge's Report and Recommendation, ECF No. 13 , is adopted and incorporated by reference into this Order. Respondent's motion to dismiss, ECF No. 9 , is GRANTED The amended petition for writ of hab eas corpus, ECF No. 4 , challenging the judgment of conviction and sentence in State of Florida v. Derick Levell Jones, Escambia County Circuit Court Case No. 2017-CF-001402, is DISMISSED with prejudice as time-barred. A certificate of appealability is DENIED. The Clerk of Court is directed to close the file. Signed by SENIOR JUDGE LACEY A COLLIER on 11/26/24. (jfj)

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
DERICK LEVELL JONES,
Petitioner,
v.

Case No. 3:24-cv-259-LC-MJF

RICKY D. DIXON,
Respondent.
_____________________________________/
ORDER
This cause comes on for consideration upon the Magistrate Judge’s Report
and Recommendation dated November 12, 2024. ECF No. 13. 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). The Court has made a de novo determination of those portions to which
an objection was made.
Having considered the Report and Recommendation and all objections
thereto timely filed, the Court concludes that the Report and Recommendation
should be adopted.
Accordingly, it is ORDERED:

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1.

The Magistrate Judge’s Report and Recommendation, ECF No. 13, is

adopted and incorporated by reference into this Order.
2.

Respondent’s motion to dismiss, ECF No. 9, is GRANTED

3.

The amended petition for writ of habeas corpus, ECF No. 4,

challenging the judgment of conviction and sentence in State of Florida v. Derick
Levell Jones,

Escambia County Circuit Court Case No. 2017-CF-001402, is

DISMISSED with prejudice as time-barred.
4.

A certificate of appealability is DENIED.

5.

The Clerk of Court is directed to close the file.

DONE AND ORDERED this 26th day of November, 2024.

s/L.A. Collier
LACEY A. COLLIER
SENIOR UNITED STATES DISTRICT JUDGE

Case No. 3:24cv259-LC-MJF