BUTLER v. STATE OF FLORIDA
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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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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