ATES v. CROSBY

Full title: JIMMY L. ATES, Petitioner, v. JAMES V. CROSBY, Respondent

Court: United States District Court, N.D. Florida, Panama City Division

Date published: Oct 13, 2005

Case No.: 3:05cv57/MCR/EMT (N.D. Fla. Oct. 13, 2005)

Opinion

Case No.: 3:05cv57/MCR/EMT.

October 13, 2005

ORDER

MARGARET RODGERS, Magistrate Judge

This cause comes on for consideration upon the magistrate judge's report and recommendation dated September 12, 2005. Petitioner has been furnished a copy of the report and recommendation and has 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.

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. Respondent's Motion to Dismiss (Doc. 18) is GRANTED.

3. The petition for writ of habeas corpus (Doc. 1) is DISMISSED with prejudice as untimely.

DONE AND ORDERED.