GRIFFIN v. JONES

Filing 40

ORDER ADOPTING 36 REPORT AND RECOMMENDATION. The Respondent's motion to dismiss, ECF No. 30 , is GRANTED. The amended habeas petition, ECF No. 16 , is DISMISSED as untimely. A certificate of appealability is DENIED. Signed by JUDGE M CASEY RODGERS on 3/18/2019. (sdw)

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION
SAM GRIFFIN,
Petitioner,
v.

CASE NO. 5:17cv117-MCR/MJF

JULIE JONES,
Respondent.

/
O R D E R

This cause comes on for consideration upon the magistrate judge’s Report and
Recommendation dated November 29, 2018. ECF No. 36. 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). I have made a de novo determination of all timely filed objections.
Having considered the Report and Recommendation, and any objections
thereto timely filed, I have determined that the Report and Recommendation should
be adopted.
Accordingly, it is now ORDERED as follows:
1.

The magistrate judge’s Report and Recommendation is adopted and

incorporated by reference in this Order.
2.

The Respondent’s motion to dismiss, ECF No. 30, is GRANTED.

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3.

The amended habeas petition, ECF No. 16, is DISMISSED as

untimely.
4.

A certificate of appealability is DENIED.

DONE AND ORDERED this 18th day of March 2019.

M. Casey Rodgers

s/
M. CASEY RODGERS
UNITED STATES DISTRICT JUDGE

Case No. 5:17cv117-MCR/MJF