Smith v. McNeil

Full title: LONNIE JOSH SMITH, Petitioner, v. WALTER A. McNEIL, Respondent

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

Date published: May 29, 2008

Case No. 3:07cv431/RV/EMT (N.D. Fla. May. 29, 2008)

Opinion

Case No. 3:07cv431/RV/EMT.

May 29, 2008

ORDER

ROGER VINSON, District Judge

This cause comes on for consideration upon the magistrate judge's report and recommendation dated April 28, 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. 15) is GRANTED.

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

DONE AND ORDERED.