EDENFIELD v. LONG et al

Filing 16

ORDER ADOPTING THE MAGISTRATE JUDGE'S AMENDED REPORT AND RECOMMENDATION. The magistrate judge's amended report and recommendation (ECF No. 14 ) is hereby ADOPTED and incorporated by reference into this order. Respond ent'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 as to all Respondents." A certificate of appealability is DENIED. Leave to appeal in forma pauperis is DENIED. Signed by SENIOR JUDGE WILLIAM STAFFORD on 10/13/20. (blb)

Page 1 of 3

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

ORRIN D. EDENFIELD,
Petitioner,
v.

4:20cv231–WS/MAF

JEFF LONG, Warden, Sterling
Correctional Facility, and ASHLEY
MOODY, Attorney General for the State
of Florida, and PHILIP WEISER,
Attorney General for the State of
Colorado,
Respondents.

ORDER ADOPTING THE MAGISTRATE JUDGE’S
AMENDED REPORT AND RECOMMENDATION
Before the court is the magistrate judge's amended report and
recommendation (ECF No. 14) docketed September 28, 2020. The magistrate
judge recommends that Petitioner's petition for writ of habeas corpus be dismissed
as untimely. Petitioner has filed objections (ECF No. 15) to the magistrate judge’s
report and recommendation.
Upon review of the record in light of Petitioner’s objections, the court has

Page 2 of 3

determined that the magistrate judge's amended report and recommendation is due
to be adopted based on the untimeliness of Petitioner’s petition for writ of habeas
corpus. Accordingly, it is ORDERED:
1. The magistrate judge's amended report and recommendation (ECF No. 14)
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 as to all Respondents."
5. A certificate of appealability is DENIED.
6. Leave to appeal in forma pauperis is DENIED.
DONE AND ORDERED this

13th

day of

October

, 2020.

s/ William Stafford
WILLIAM STAFFORD
SENIOR UNITED STATES DISTRICT JUDGE

Page 3 of 3