Opinion
Case No. 3:08cv293/RV/EMT.
April 24, 2009
ORDER
This cause comes on for consideration upon the magistrate judge's report and recommendation dated March 25, 2009 (Doc. 20). 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 all timely filed objections.
Having considered the report and recommendation, and any timely filed 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 amended motion to dismiss (Doc. 11) is GRANTED.
3. The amended petition for writ of habeas corpus (Doc. 5), challenging the judgment of conviction and sentence entered in Escambia County Circuit Court Case No. 2005-CF-001701A, is DISMISSED with prejudice as untimely.
DONE AND ORDERED