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Patrick v. McDonough

United States District Court, N.D. Florida, Tallahassee Division
Oct 29, 2007
CASE NO. 4:06cv543-SPM/WCS (N.D. Fla. Oct. 29, 2007)

Summary

adopting magistrate judge's report and recommendation

Summary of this case from Danny v. Sec'y, DOC

Opinion

CASE NO. 4:06cv543-SPM/WCS.

October 29, 2007


ORDER


THIS CAUSE comes before the Court on the magistrate judge's report and recommendation dated September 10, 2007 (doc. 14). No objections have been filed. In accordance with Title 28, United States Code, Section 636(b)(1), I have determined that the report and recommendation should be adopted. Accordingly, it is hereby ORDERED as follows:

1. The magistrate judge's report and recommendation (doc. 14) is ADOPTED and incorporated by reference in this order.

2. The motion to dismiss (doc. 13) is denied. On or before December 31, 2007, Respondent shall file an answer on the merits. Petitioner shall have 30 days after service of the answer to file a reply to the answer.

DONE AND ORDERED.


Summaries of

Patrick v. McDonough

United States District Court, N.D. Florida, Tallahassee Division
Oct 29, 2007
CASE NO. 4:06cv543-SPM/WCS (N.D. Fla. Oct. 29, 2007)

adopting magistrate judge's report and recommendation

Summary of this case from Danny v. Sec'y, DOC

recognizing that if a motion for a belated appeal is filed when a petitioner still has time left on his one-year clock, it is a properly filed application pursuant to 28 U.S.C. 2244(d) and tolls the limitations period while it is pending

Summary of this case from Osgood v. Sec'y
Case details for

Patrick v. McDonough

Case Details

Full title:TREON D. PATRICK, Petitioner, v. JAMES McDONOUGH, Respondent

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

Date published: Oct 29, 2007

Citations

CASE NO. 4:06cv543-SPM/WCS (N.D. Fla. Oct. 29, 2007)

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