Smith v. McDonough

Full title: FRAN L. SMITH, Petitioner, v. JAMES R. McDONOUGH, Respondent

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

Date published: Dec 3, 2007

Case No. 3:07cv180/RV/EMT (N.D. Fla. Dec. 3, 2007)

Opinion

Case No. 3:07cv180/RV/EMT.

December 3, 2007

ORDER

ROGER VINSON, District Judge

This cause comes on for consideration upon the magistrate judge's report and recommendation dated October 24, 2007. 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 motion to dismiss (Doc. 11) is GRANTED.

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

DONE AND ORDERED.