CHALLENDER v. JONES

Filing 22

ORDER ACCEPTING 21 REPORT AND RECOMMENDATION AND DISMISSING CASE signed by William Terrell Hodges on 8/1/17. The Clerk is directed to enter Judgment stating Respondents 18 Motion to Dismiss is granted. The 1 habeas petition is dismissed with prejudice as untimely. A certificate of appealability is denied and to close file. (tss)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION

DAVID CHALLENDER,
PETITIONER,
-vs-

Case No. 5:16-cv-00098-WTH-EMT

FLORIDA DEPARTMENT OF CORRECTIONS SECRETARY,
RESPONDENT.
______________________________/
ORDER ACCEPTING REPORT AND RECOMMENDATION
AND DISMISSING CASE
This cause comes on for consideration upon the Magistrate Judge's Report and
Recommendation dated May 1, 2017. (ECF No. 21). 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, I have determined that the
Report and Recommendation should be adopted. Accordingly, the Report and
Recommendation of the Magistrate Judge, ECF No. 21, is accepted and incorporated
herein. The Clerk shall enter judgment stating: “Respondent’s Motion to Dismiss, ECF
No. 18, is granted. The habeas petition, ECF No. 1, is dismissed with prejudice as

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untimely. A certificate of appealability is denied.” The Clerk is directed to close the file.
IT IS SO ORDERED.
DONE and ORDERED at Gainesville, Florida this 1st day of August, 2017.

Case No: 5:16-cv-00098-WTH-EMT