METZLER v. WARDEN

Filing 15

ORDER ADOPTING THE MAGISTRATE JUDGE'S 14 AMENDED REPORT AND RECOMMENDATION. The magistrate judge's report and recommendation (ECF No. 14 ) ishereby ADOPTED and incorporated by reference into this order. Petitioner' ;s petition for writ of habeas corpus (ECF No. 1 ) is DISMISSEDwith prejudice as time barred. The clerk shall enter judgment stating: "The petitioner's petition for writof habeas corpus is DISMISSED with prejudice." A certificate of appealability is DENIED. Leave to appeal in forma pauperis is DENIED. Signed by SENIOR JUDGE WILLIAM STAFFORD on 9/25/2024. (rcb)

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

JOSHUA METZLER,
Petitioner,
v.

4:24cv146–WS/MAF

WARDEN, Wakulla Correctional,
Respondent.

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 August 21, 2024. The magistrate judge
recommends that Petitioner's petition for writ of habeas corpus be dismissed as
untimely. Petitioner has filed no objections to the magistrate judge’s report and
recommendation.
Upon review of the record, the undersigned has determined that the
magistrate judge's report and recommendation is due to be adopted. Like the
magistrate judge, the undersigned finds that Petitioner has failed to establish that

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he filed his habeas petition in a timely manner. He has also failed to establish a
tenable actual-innocence gateway to overcoming the one-year AEDPA limitations
period. Accordingly, it is ORDERED:
1. The magistrate judge's report and recommendation (ECF No. 14) is
hereby ADOPTED and incorporated by reference into this order.
2. Petitioner's petition for writ of habeas corpus (ECF No. 1) is DISMISSED
with prejudice as time barred.
3. The clerk shall enter judgment stating: "The petitioner's petition for writ
of habeas corpus is DISMISSED with prejudice."
4. A certificate of appealability is DENIED.
5. Leave to appeal in forma pauperis is DENIED.
DONE AND ORDERED this

25th

day of

September

, 2024.

s/ William Stafford
WILLIAM STAFFORD
SENIOR UNITED STATES DISTRICT JUDGE