Lutz v. Palmer

Full title: DAVID EARL LUTZ, Petitioner, v. JOHN PALMER, WARDEN, Respondent.

Court: UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION

Date published: Apr 23, 2012

Case No. 3:11cv334/LAC/EMT (N.D. Fla. Apr. 23, 2012)

Opinion

Case No. 3:11cv334/LAC/EMT

04-23-2012

DAVID EARL LUTZ, Petitioner, v. JOHN PALMER, WARDEN, Respondent.

LACEY A. COLLIER

ORDER

This cause comes on for consideration upon the magistrate judge's Report and Recommendation dated March 9, 2012 (doc. 23). 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 objections filed.

Having considered the Report and Recommendation, and the timely filed objections thereto, 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. 14) is DENIED.

3. Petitioner's motion for summary judgment (doc. 21) is DENIED.

4. Respondent is directed to file an answer to the habeas petition within SIXTY (60) DAYS from the date of docketing of this order.

_________________

LACEY A. COLLIER

SENIOR UNITED STATES DISTRICT JUDGE