Filing 10

ORDER ADOPTING 8 REPORT AND RECOMMENDATION and summarily dismissing the 2254 petition signed by SENIOR JUDGE MAURICE M PAUL on 1/16/13. (tss)

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Page 1 of 1 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION ELI BUTLER, JR, Petitioner, v. CASE NO. 4:12-cv-00448-MP-CAS STATE OF FLORIDA, Respondent. _____________________________/ ORDER This matter is before the Court on Doc. 8, Report and Recommendation of the Magistrate Judge, recommending that this § 2254 petitoin be dismissed as untimely and successive. The time for filing objections has passed, and none have been filed. Instead, plaintiff filed a motion to voluntarily dismiss the petition, Doc. 9. Upon consideration, it is hereby ORDERED AND ADJUDGED: 1. The Report and Recommendation of the Magistrate Judge is accepted and incorporated herein. 2. The § 2254 petition for writ of habeas corpus, Doc. 1, is summarily dismissed, a certificate of appealability is denied, and leave to appeal in forma pauperis is denied. DONE AND ORDERED this 16th day of January, 2013 s/Maurice M. Paul Maurice M. Paul, Senior District Judge

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