HOUSE v. CREWS

Filing 18

ORDER ACCEPTING 16 REPORT AND RECOMMENDATION - The Clerk shall enter judgment stating, "The Respondent's motion to dismiss, ECF No. 13 , is GRANTED. The § 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." The Clerk shall close the file. Signed by JUDGE MARK E WALKER on 6/18/2014. (tdl)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION HERBERT HOUSE, JR., Petitioner, v. CASE NO. 4:13-cv-405-MW/CAS MICHAEL CREWS, Secretary, Florida Department of Corrections, Respondent. ___________________________/ ORDER ACCEPTING REPORT AND RECOMMENDATION This Court has considered the Magistrate’s Report and Recommendation, ECF No.16, filed May 29, 2014, and has also reviewed de novo Plaintiff’s objections to the report and recommendation, ECF No. 17. Upon consideration IT IS ORDERED: The report and recommendation is accepted and adopted as this Court’s opinion. The Clerk shall enter judgment stating, “The Respondent's motion to dismiss, ECF No.13, is GRANTED. The § 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." The Clerk shall 1 close the file. SO ORDERED on June 18, 2014. s/Mark E. Walker United States District Judge 2

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