Scott v. Tucker

Full title: PRESTON R. SCOTT, Petitioner, v. KENNETH S. TUCKER, Respondent.

Court: UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION

Date published: Apr 17, 2012

3:11cv64-WS/EMT (N.D. Fla. Apr. 17, 2012)

Opinion

3:11cv64-WS/EMT

04-17-2012

PRESTON R. SCOTT, Petitioner, v. KENNETH S. TUCKER, Respondent.

WILLIAM STAFFORD

ORDER ADOPTING THE MAGISTRATE JUDGE'S

REPORT AND RECOMMENDATION

Before the court is the magistrate judge's report and recommendation docketed March 15, 2012. See Doc. 31. The magistrate judge recommends that the petitioner's petition for writ of habeas corpus be dismissed. The petitioner has filed no objections to the report and recommendation.

This court having reviewed the magistrate judge's report and recommendation, it is ORDERED:

1. The magistrate judge's report and recommendation (doc. 31) is hereby ADOPTED and incorporated by reference into this order.

2. The respondent's motion to dismiss (doc. 26) is GRANTED.

2. The petitioner's petition for writ of habeas corpus is DISMISSED with prejudice as untimely.

3. The clerk shall enter judgment stating: "All claims are DISMISSED with prejudice."

4. A certificate of appealability is DENIED.

_________________

WILLIAM STAFFORD

SENIOR UNITED STATES DISTRICT JUDGE