Summary
recognizing that most courts in the Eleventh Circuit have concluded that a state conviction becomes final ninety days after the state appellate court grants the defendant's motion for voluntary dismissal of the appeal
Summary of this case from Cazun v. Fla. Attorney Gen.Opinion
Case No. 3:08cv5/LAC/EMT.
May 28, 2008
ORDER
This cause comes on for consideration upon the magistrate judge's report and recommendation dated April 23, 2008. 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, if any.
Having considered the report and recommendation, and any 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. 7) is GRANTED.
3. The petition for writ of habeas corpus (Doc. 1) is DISMISSED with prejudice as untimely.
DONE AND ORDERED.