SAPP v. TUCKER

Filing 33

ORDER ACCEPTING AND ADOPTING 22 REPORT AND RECOMMENDATION - The Clerk shall enter judgment stating, "Respondent's motion to dismiss,ECF No. 30 , is GRANTED. Petitioner's §2254 petition for writ of habeas corpus,ECF No. 1 , is DISMISSED as untimely. A certificate of appealability is DENIED and leave to appeal in forma pauperis is DENIED." Signed by JUDGE MARK E WALKER on 3/20/2014. (dlt)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION THERON SAPP, Petitioner, v. CASE NO. 4:12-cv-361-MW/CAS MICHAEL D. CREWS, Secretary, Florida Department of Corrections, Respondent. ___________________________/ ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION This Court has considered the Magistrate’s Report and Recommendation, ECF No.32, filed February 19, 2014. Upon consideration, no objections having been filed by Petitioner, IT IS ORDERED: The report and recommendation is accepted and adopted as this Court’s opinion. The Clerk shall enter judgment stating, “Respondent’s motion to dismiss, ECF No. 30, is GRANTED. Petitioner’s §2254 petition for writ of habeas corpus, ECF No. 1, is DISMISSED as untimely. A certificate of appealability is 1 DENIED and leave to appeal in forma pauperis is DENIED.” The Clerk shall close the file. SO ORDERED on March 20, 2014. s/Mark E. Walker United States District Judge 2

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