Siprien v. Department Of Corrections

Filing 12

ORDER adopting 11 Report and Recommendation of Magistrate Judge Patrick A. White, dismissing 1 Petition for Writ of Habeas Corpus, and closing case. Signed by Judge Joan A. Lenard on 8/7/2009. (mhz)

UNITED STATES DISTRICT COURT S O U T H E R N DISTRICT OF FLORIDA C A S E NO. 08-61219-CIV-LENARD/WHITE T O T O SIPRIEN, P e t i t io n e r , vs. W A L T E R A. McNEIL, Respondent. ________________________________/ O R D E R ADOPTING REPORT & RECOMMENDATION OF MAGISTRATE J U D G E (D.E. 11) AND DISMISSING PETITION FOR WRIT OF HABEAS C O R P U S (D.E. 1) T H I S CAUSE is before the Court on the Report and Recommendation of the M a g istra te Judge ("Report," D.E. 11), issued on June 29, 2009, recommending that this P e titio n for Writ of Habeas Corpus be dismissed as untimely filed pursuant to 28 U.S.C. § 2 2 4 4 (d )(1 )-(2 ). Therein, Petitioner was provided ten (10) days to file objections to the R e p o rt. To date, Petitioner has not filed any objections to the Report. Failure to timely file o b je c tio n s shall bar parties from attacking on appeal the factual findings contained in the rep o rt. See Resolution Trust Corp. v. Hallmark Builders, Inc., 996 F.2d 1144, 1149 (11th Cir. 1 9 9 3 ). Therefore, after an independent review of the Report and record, it is hereby O R D E R E D AND ADJUDGED that: 1. 2. T h e Report of the Magistrate Judge (D.E. 11) is ADOPTED. P e titio n e r's Petition for Writ of Habeas Corpus (D.E. 1), filed on July 31, 2 0 0 8 , is DISMISSED as untimely pursuant to 28 U.S.C. § 2244(d)(1)-(2).

3.

T h i s case is CLOSED.

DONE AND ORDERED in Chambers at Miami, Florida this 7th day of August, 2009.

___ _ _ _ _ _ _ _ _ _ _ _ _____________________ J O A N A. LENARD U N I T E D STATES DISTRICT JUDGE

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