ROGERS v. CREWS

Filing 21

ORDER ACCEPTINGREPORT AND RECOMMENDATION: The report and recommendation is accepted and adopted, over Petitioner's objections, as this Courts opinion.1 The Clerk shall enter judgment stating, "Respondent's Motion t o Dismiss Petition for Habeas Corpus as Untimely, ECF No. 11 , is GRANTED. The Petition for Writ of Habeas Corpus, ECF No. 1 , is DISMISSED as time-barred. A certificate of appealabily is DENIED. The Clerk shall close the file. Signed by JUDGE MARK E WALKER on 5/26/2015. (dac)

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION
MICHAEL A. ROGERS,
Petitioner,
v.

Case No. 4:14cv62-MW/GRJ

SECRETARY, DEPARTMENT
OF CORRECTIONS,
Respondent.
___________________________/
ORDER ACCEPTING
REPORT AND RECOMMENDATION
This Court has considered, without hearing, the Magistrate Judge's Report
and Recommendation, ECF No. 19, and has also reviewed de novo Petitioner's
objections to the report and recommendation, ECF No.20. Accordingly
IT IS ORDERED:
The report and recommendation is accepted and adopted, over Petitioner's
objections, as this Court’s opinion.1 The Clerk shall enter judgment stating,
"Respondent's Motion to Dismiss Petition for Habeas Corpus as Untimely, ECF
No. 11, is GRANTED. The Petition for Writ of Habeas Corpus, ECF No. 1, is
1

In so ruling, this Court notes that there are a couple of scrivener’s errors. Of note, the report
states that “[o]n May 12, 2008, the First DCA issued its mandate.” The mandate actually issued
on May 12, 2010, not May 12, 2008. ECF No. 11-2 at 155.

1

DISMISSED as time-barred. A certificate of appealabily is DENIED.” The
Clerk shall close the file.
SO ORDERED on May 26, 2015.
s/Mark E. Walker
United States District Judge

2