YATES v. TUCKER

Filing 14

ORDER ADOPTING 12 REPORT AND RECOMMENDATION and granting 9 MOTION to Dismiss untimely habeas petition filed by KENNETH S TUCKER signed by SENIOR JUDGE STEPHAN P MICKLE on 10/19/12. (tss)

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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION
KACEY YATES,
Petitioner,
v.

CASE NO. 4:11cv578-SPM/CAS

KENNETH S. TUCKER, Secretary
of Florida Department of Corrections,
Respondent.
_______________________________/
ORDER
THIS CAUSE comes for before the Court on the magistrate judge’s Report
and Recommendation (doc. 12) dated September 26, 2012. Petitioner has filed
objections (doc. 13).
Despite the objections, I have determined that the Report and
Recommendation is correct and should be adopted. Accordingly, it is
ORDERED AND ADJUDGED:
1.

The magistrate judge’s Report and Recommendation (doc. 12) is

ADOPTED and incorporated by reference in this order.
2.

Respondent’s motion to dismiss (doc. 9) is granted. The § 2254

petition for writ of habeas corpus (doc. 1) is summarily dismissed as untimely.

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3.

A certificate of appealability and leave to appeal in forma pauperis

are denied.
DONE AND ORDERED this 19th day of October, 2012.

s/ Stephan P. Mickle
Stephan P. Mickle
Senior United States District Judge

CASE NO. 4:11cv578-SPMCAS