SMITH v. JONES

Filing 26

ORDER ADOPTING 24 REPORT AND RECOMMENDATION. The Clerk shall enter judgment stating, "Respondent's motion to dismiss (ECF No. 14 ) is GRANTED. Leave to appeal in forma pauperis is DENIED." The Clerk shall close the file. Signed by SENIOR JUDGE LACEY A COLLIER on 3/1/2017. (sdw)

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION
WILLIE ALBERT SMITH,
Petitioner,
v.

Case No. 5:16cv247-LC/CAS

JULIE JONES,
Respondent.
/
ORDER
This matter is before the Court on the Report and Recommendation
of the U.S. Magistrate Judge (ECF No. 24) that Respondent’s motion to
dismiss (ECF No. 14) be granted and the amended petition for writ of
habeas corpus (ECF No. 10), filed pursuant to 28 U.S.C. § 2254, be
dismissed as untimely. The parties have been furnished a copy of the
Report and Recommendation and have been afforded an opportunity to file
objections pursuant 28 U.S.C. § 636(b)(1). I have made a de novo
determination of the objections filed (ECF No. 25).
Having considered the Report and Recommendation, and the
objections thereto, I have determined the Report and Recommendation
should be adopted.
Accordingly, it is now ORDERED as follows:

1. The Report and Recommendation (ECF No. 24) is adopted and
incorporated by reference in this order.
2. The Clerk shall enter judgment stating, “Respondent’s motion to
dismiss (ECF No. 14) is GRANTED. Leave to appeal in forma pauperis is
DENIED.”
3. The Clerk shall close the file.
DONE AND ORDERED on March 1, 2017.
s/ L.A. Collier

LACEY A. COLLIER
SENIOR UNITED STATES DISTRICT JUDGE