Opinion
1:20-cv-225-AW-GRJ
07-06-2021
ANDREW J. PAYNE, Petitioner, v. SECRETARY, FLA. DEP'T OF CORRECTIONS, Respondent.
ORDER ADOPTING REPORT AND RECOMMENDATION
ALLEN WINSOR UNITED STATES DISTRICT JUDGE
Petitioner initiated this case seeking § 2254 relief. I have now considered the magistrate judge's May 12, 2021 report and recommendation, ECF No. 11, and have considered de novo the issues presented in Petitioner's objections, ECF No. 12. I agree with the magistrate judge: The petition is untimely and must be dismissed.
The report and recommendation (ECF No. 11) is adopted and incorporated into this order. The clerk will enter a judgment that says, “The § 2254 petition is dismissed as untimely.” A certificate of appealability is DENIED. The clerk will close the file.
SO ORDERED.