Holmes v. Department Of Corrections

Filing 20

ORDER adopting 19 Report and Recommendations. Signed by Judge Marcia G. Cooke on 8/27/2009. (lme)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION CASE NO. 08-22285-CIV-COOKE/WHITE RODNEY H. HOLMES, JR., Petitioner, v. DEPARTMENT OF CORRECTIONS, Respondent. __________________________________/ ORDER ADOPTING MAGISTRATE'S REPORT AND RECOMMENDATION THIS MATTER was referred to the Honorable Patrick A. White, United States Magistrate Judge, for a Report and Recommendation on the Petition for Writ of Habeas Corpus [D.E. 1]. Judge White issued a Report and Recommendation [D.E. 19], recommending that this case be dismissed as untimely pursuant to 28 U.S.C. § 2244(d)(1)-(2). As the movant did not file any objections to the Report and Recommendation, it is ORDERED AND ADJUDGED that United States Magistrate Judge Patrick A. White's Report and Recommendation is AFFIRMED AND ADOPTED as follows: 1. 2. This case is DISMISSED. This case is CLOSED.

DONE AND ORDERED in Chambers at Miami, Florida this 27th day of August 2009.

Copies furnished to: The Honorable Patrick A. White All counsel of record Rodney H. Holmes, Jr., pro se DC # 198316 Charlotte Correctional Institution 33123 Oil Well Road Punta Gorda, FL 33955