WILLIAMS v. STATE OF FLORIDA
ORDER ADOPTING 17 REPORT AND RECOMMENDATION. Respondent's motion to dismiss (Doc. 16 ) is GRANTED, and Petitioner's amended §2254 petition is DISMISSED as untimely. A certificate of appealability is DENIED. Leave to appeal in forma pauperis is DENIED. All relief requested in the "Motion for Release from Florida State Prison" (Doc. 18 ) is DENIED. The Clerk shall close the file. Signed by JUDGE T KENT WETHERELL II on 09/14/2020. (sdw)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION
LARRY JEROME WILLIAMS,
Case No. 5:19cv543-TKW-MAF
STATE OF FLORIDA,
This case is before the Court based upon the magistrate judge’s Report and
Recommendation (R&R) (Doc. 17). Petitioner was afforded an opportunity to file
objections to the R&R, but he did not do so. Instead, Petitioner filed a “Motion for
Release from Florida State Prison” (Doc. 18) in which he listed a number of things
he did not understand about his trial and sentence. This filing did not raise any
specific issues with the R&R beyond stating that “I do not understand reply [sic] and
recommendation means this case.”
The R&R clearly explains that Petitioner’s amended habeas petition under 28
U.S.C. §2254 must be dismissed because it was not filed within the time allowed by
federal law. The Court agrees with the analysis in the R&R as well as the disposition
recommended by the magistrate judge. Accordingly, it is
The R&R is adopted and incorporated by reference in this Order.
Respondent’s motion to dismiss (Doc. 16) is GRANTED, and
Petitioner’s amended §2254 petition is DISMISSED as untimely.
A certificate of appealability is DENIED.
Leave to appeal in forma pauperis is DENIED.
All relief requested in the “Motion for Release from Florida State
Prison” (Doc. 18) is DENIED.
The Clerk shall close the file.
DONE and ORDERED this 14th day of September, 2020.
T. Kent Wetherell, II
T. KENT WETHERELL, II
UNITED STATES DISTRICT JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?