POWELL v MCNEIL ET AL

Filing 11

ORDER ADOPTING REPORT AND RECOMMENDATION 10 Report and Recommendation. Signed by SENIOR JUDGE MAURICE M PAUL on 5/22/2009. This case is dismissed with prejudice, and the Clerk is directed to close the file. (kdm)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION JIMMIE POWELL, Petitioner, v. CHARLIE CRIST, WALTER A MCNEIL, Respondents. ___________________________/ ORDER This matter is before the Court on Doc. 10, Report and Recommendation of the Magistrate Judge, recommending that the Petition for Writ of Habeas Corpus be summarily dismissed as untimely. The time for filing objections has passed, and none have been filed. The Court agrees that Petitioner's federal limitations period had already run by the time any state collateral attacks were filed. Thus, this petition is untimely filed. Accordingly, it is hereby ORDERED AND ADJUDGED: 1. 2. The Report and Recommendation of the Magistrate Judge is adopted and incorporated herein. This case is dismissed with prejudice, and the Clerk is directed to close the file. CASE NO. 4:08-cv-00532-MP-WCS

DONE AND ORDERED this 22nd day of May, 2009

s/Maurice M. Paul
Maurice M. Paul, Senior District Judge