Latson v. McDonough

Full title: MARICKA LATSON, Petitioner, v. JAMES R McDONOUGH, Defendant

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

Date published: Mar 6, 2008

CASE NO. 1:06-cv-00186-MP-AK (N.D. Fla. Mar. 6, 2008)

Opinion

CASE NO. 1:06-cv-00186-MP-AK.

March 6, 2008

ORDER

MAURICE PAUL, Senior District Judge

This matter is before the Court on Doc. 19, the Report and Recommendation of the Magistrate Judge, which recommends denying the Government's motion to dismiss the petition as untimely. The time for filing objections has passed, and none have been filed. The Court agrees with the Magistrate Judge that the statute of limitations runs from the time of the resentencing of Petitioner, rather than the original sentence. Accordingly, the current petition is timely and it is hereby

ORDERED AND ADJUDGED:

1. The Report and Recommendation of the Magistrate Judge is adopted and incorporated herein.

2. The motion to dismiss (doc. 14) is denied, and this matter remanded to the Magistrate Judge for further proceedings.

DONE AND ORDERED.