MARTINEZ v. FLORIDA DEPARTMENT OF CORRECTIONS
Filing
23
ORDER adopting the chief magistrate judge's 21 Report and Recommendation. Respondent's 17 Motion to Dismiss is GRANTED. The 1 Petition for Writ of Habeas Corpus is DISMISSED as untimely. A certificate of appealability is DENIED. Signed by JUDGE M CASEY RODGERS on 3/4/2019. (djb)
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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION
RUBEN J. MARTINEZ,
Petitioner,
v.
CASE NO. 5:17cv283-MCR/EMT
FLORIDA DEPARTMENT OF
CORRECTIONS,
Respondent.
____________________________/
ORDER
This cause comes on for consideration upon the chief magistrate judge’s Report
and Recommendation dated February 11, 2019. 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). I have made a de novo determination of any 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.
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Accordingly, it is now ORDERED as follows:
1.
The chief magistrate judge’s Report and Recommendation is adopted and
incorporated by reference in this Order.
2.
Respondent’s motion to dismiss, ECF No. 17, is GRANTED.
3.
The habeas petition, ECF No. 1, is DISMISSED as untimely.
4.
A certificate of appealability is DENIED.
DONE AND ORDERED this 4th day of March 2019.
s/
M. Casey Rodgers
M. CASEY RODGERS
UNITED STATES DISTRICT JUDGE
Case No. 5:17cv283-MCR/EMT
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