DAVIS v. TUCKER

Filing 11

AMENDED ORDER ADOPTING 7 REPORT AND RECOMMENDATION - The petitioner's motion to supplement doc. 6 is GRANTED. The petitioner's petition for writ of habeas corpus doc. 1 is hereby summarily DISMISSED as untimely. &qu ot;Petitioner's petition for writ of habeas corpus is summarily DISMISSED as untimely." A certificate of appealability shall not issue, and leave to appeal in forma pauperis is DENIED. The order doc. 9 and judgment doc. 10 entered on February 8, 2013, are VACATED AND SET ASIDE. Signed by SENIOR JUDGE WILLIAM STAFFORD on 2/11/2013. (dlt)

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION

CALVIN L. DAVIS,
Petitioner,
v.

4:12cv581-WS

MICHAEL D. CREWS, Secretary
of Florida Department of Corrections,
Respondent.

AMENDED ORDER ADOPTING THE MAGISTRATE JUDGE’S
REPORT AND RECOMMENDATION
Before the court is the magistrate judge's report and recommendation docketed
January 11, 2013. See Doc. 7. The magistrate judge recommends that the petitioner's
petition for writ of habeas corpus be summarily dismissed as untimely. The petitioner
has filed objections (doc. 8) to the magistrate judge’s report and recommendation.
Upon review of the record in light of the petitioner's objections, the court has
determined that the magistrate judge's report and recommendation should be adopted.
Accordingly, it is ORDERED:
1. The magistrate judge's report and recommendation (doc. 7) is hereby
ADOPTED and incorporated by reference into this order.
2. The petitioner's motion to supplement (doc. 6) is GRANTED.
3. The petitioner's petition for writ of habeas corpus (doc. 1) is hereby summarily
DISMISSED as untimely.

Page 2 of 2

4. The clerk shall enter judgment stating: "Petitioner's petition for writ of habeas
corpus is summarily DISMISSED as untimely."
5. A certificate of appealability shall not issue, and leave to appeal in forma
pauperis is DENIED.
6. The order (doc. 9) and judgment (doc. 10) entered on February 8, 2013, are
VACATED AND SET ASIDE.
DONE AND ORDERED this

11th

day of

February

, 2013.

s/ William Stafford
WILLIAM STAFFORD
SENIOR UNITED STATES DISTRICT JUDGE

Case No. 4:12cv581-WS