PEACOCK v. JONES
Filing
16
ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION - The magistrate judge's report and recommendation (doc. 14 ) is hereby ADOPTED and incorporated by reference into this order. The respondent's motio n to dismiss (doc. 11 ) is GRANTED. The petition for writ of habeas corpus (doc. 1 ), challenging the petitioner's judgment of conviction and sentence in State of Florida, Travis L. Peacock, Leon County Circuit Court Case No. 2004CF3979, is D ISMISSED WITH PREJUDICE. The clerk shall enter judgment stating: "The petitioner's petition for writ of habeas corpus is DISMISSED." A certificate of appealability is DENIED. Signed by SENIOR JUDGE WILLIAM STAFFORD on 2/14/18. (ckm)
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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION
TRAVIS PEACOCK,
Petitioner,
v.
4:17cv189–WS/CJK
JULIE JONES,
Respondent.
ORDER ADOPTING THE MAGISTRATE JUDGE’S
REPORT AND RECOMMENDATION
Before the court is the magistrate judge's report and recommendation (doc.
14) docketed January 10, 2018. The magistrate judge recommends that the
petitioner's petition for writ of habeas corpus be dismissed as untimely. The
petitioner has filed objections (doc. 15) to the report and recommendation.
Upon review of the record in light of the petitioner’s objections to the report
and recommendation, the court has determined that the magistrate judge's report
and recommendation is due to be adopted. Accordingly, it is ORDERED:
1. The magistrate judge's report and recommendation (doc. 14) is hereby
ADOPTED and incorporated by reference into this order.
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2. The respondent’s motion to dismiss (doc. 11) is GRANTED.
3. The petition for writ of habeas corpus (doc. 1), challenging the
petitioner’s judgment of conviction and sentence in State of Florida, Travis L.
Peacock, Leon County Circuit Court Case No. 2004–CF–3979, is DISMISSED
WITH PREJUDICE.
4. The clerk shall enter judgment stating: "The petitioner's petition for writ
of habeas corpus is DISMISSED."
5. A certificate of appealability is DENIED.
DONE AND ORDERED this
14th
day of
February
, 2018.
s/ William Stafford
WILLIAM STAFFORD
SENIOR UNITED STATES DISTRICT JUDGE5.
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