Banks v. Tucker

Full title: EDDIE LEE BANKS, Petitioner, v. KENNETH S. TUCKER, Respondent

Court: United States District Court, N.D. Florida, Pensacola Division

Date published: Sep 30, 2011

Case No. 3:10cv527/MCR/EMT (N.D. Fla. Sep. 30, 2011)

Opinion

Case No. 3:10cv527/MCR/EMT.

September 30, 2011

ORDER

M. CASEY RODGERS, District Judge

This cause comes on for consideration upon the magistrate judge's Report and Recommendation dated August 25, 2011 (doc. 39). 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 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. 29) is GRANTED.

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

4. A certificate of appealability is DENIED. DONE AND ORDERED this 29th day of September, 2011.