ROWLAND v. STATE OF FLORIDA

Filing 25

ORDER adopting 24 Report and Recommendation. Resp's 20 motion to dismiss is GRANTED. Pet's 1 habeas petition is summarily DISMISSED as untimely. A certificate of appealability is DENIED. Request for leave to appeal in forma pauperis is DENIED. Signed by CHIEF JUDGE M CASEY RODGERS on October 16, 2013. (kvg)

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Page 1 of 1 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION ROBERT L. ROWLAND, Petitioner, v. Case No.: 4:12cv297/MCR/CAS STATE OF FLORIDA, Respondent. ___________________________/ ORDER This cause comes on for consideration upon the magistrate judge’s Report and Recommendation dated September 5, 2013. (Doc. 24). The parties have been furnished a copy of the Report and Recommendation and have been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). No timely objections have been filed. Having considered the Report and Recommendation, the court concludes that the Report and Recommendation should be adopted. Accordingly, it is now ORDERED as follows: 1. The magistrate judge’s Report and Recommendation is adopted and incorporated by reference in this order. 2. Respondent’s motion to dismiss (doc. 20) is GRANTED. 3. Petitioner’s habeas petition (doc. 1) is summarily DISMISSED as untimely. 4. A certificate of appealability is DENIED. 5. Request for leave to appeal in forma pauperis is DENIED. DONE and ORDERED this 16th day of October, 2013. M. Casey Rodgers M. CASEY RODGERS CHIEF UNITED STATES DISTRICT JUDGE

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