DONLEY v. INCH

Filing 15

ORDER 11 ADOPTING REPORT AND RECOMMENDATION. The magistrate judge's report and recommendation (ECF No. 11 ) is hereby ADOPTED and incorporated by reference into this order. Respondent's motion to dismiss (ECF No. 8 ) is GRANTED. Petitioner's petition for writ of habeas corpus (ECF No. 1 ) is DISMISSED as untimely. 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 11/20/2020. (rcb)

Case 4:20-cv-00056-WS-EMT Document 15 Filed 11/20/20 Page 1 of 2

Page 1 of 2

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

HARVEY DONLEY,
Petitioner,
v.

4:20cv56–WS/EMT

MARK INCH,
Respondent.

ORDER ADOPTING THE MAGISTRATE JUDGE’S
AMENDED REPORT AND RECOMMENDATION
Before the court is the magistrate judge's report and recommendation (ECF
No. 11) docketed October 15, 2020. The magistrate judge recommends that
Petitioner's petition for writ of habeas corpus be dismissed as untimely. Petitioner
has filed objections (ECF No. 14) to the magistrate judge’s report and
recommendation.
Upon review of the record in light of Petitioner’s objections, the court has
determined that the magistrate judge's report and recommendation is due to be
adopted based on the untimeliness of Petitioner’s petition for writ of habeas

Case 4:20-cv-00056-WS-EMT Document 15 Filed 11/20/20 Page 2 of 2

Page 2 of 2

corpus. Accordingly, it is ORDERED:
1. The magistrate judge's report and recommendation (ECF No. 11) is
hereby ADOPTED and incorporated by reference into this order.
2. Respondent’s motion to dismiss (ECF No. 8) is GRANTED.
3. Petitioner's petition for writ of habeas corpus (ECF No. 1) is DISMISSED
as untimely.
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

20th

day of

November

, 2020.

s/ William Stafford
WILLIAM STAFFORD
SENIOR UNITED STATES DISTRICT JUDGE