KIMBRO v. TUCKER
ORDER adopting 23 Report and Recommendation; granting 17 MOTION to Dismiss as Untimely. Signed by SENIOR JUDGE MAURICE M PAUL on 1/10/2014. The amended petition for writ of habeas corpus (doc. 4 ) is DISMISSED with prejudice as untimely, and a certificate of appealability is DENIED. (kdm)
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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION
CASE NO. 5:12-cv-00350-MP-EMT
MICHAEL D CREWS, KENNETH TUCKER,
This cause comes on for consideration upon the Magistrate Judge's Report and
Recommendation dated October 15, 2013. (Doc. 23). The parties have been furnished a copy of
the Report and Recommendation and have been afforded an opportunity to file objections
pursuant to Title 28, United States Code, Section 636(b)(1). The time for filing objections has
passed, and none have been filed.
Having considered the Report and Recommendation, the Court agrees that the petition in
this case is untimely. Accordingly, it is hereby
ORDERED AND ADJUDGED:
The magistrate judge’s Report and Recommendation is adopted and incorporated
by reference in this order.
Respondent’s motion to dismiss (doc. 17) is GRANTED. The amended petition
for writ of habeas corpus (doc. 4) is DISMISSED with prejudice as untimely, and
a certificate of appealability is DENIED.
DONE AND ORDERED this 10th day of January, 2014
s/Maurice M. Paul
Maurice M. Paul, Senior District Judge
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