Opinion
Case No. 4:14cv62-MW/GRJ
05-26-2015
MICHAEL A. ROGERS, Petitioner, v. SECRETARY, DEPARTMENT OF CORRECTIONS, Respondent.
ORDER ACCEPTING REPORT AND RECOMMENDATION
This Court has considered, without hearing, the Magistrate Judge's Report and Recommendation, ECF No. 19, and has also reviewed de novo Petitioner's objections to the report and recommendation, ECF No.20. Accordingly
IT IS ORDERED:
The report and recommendation is accepted and adopted, over Petitioner's objections, as this Court's opinion. The Clerk shall enter judgment stating, "Respondent's Motion to Dismiss Petition for Habeas Corpus as Untimely, ECF No. 11, is GRANTED. The Petition for Writ of Habeas Corpus, ECF No. 1, is DISMISSED as time-barred. A certificate of appealabily is DENIED." The Clerk shall close the file.
In so ruling, this Court notes that there are a couple of scrivener's errors. Of note, the report states that "[o]n May 12, 2008, the First DCA issued its mandate." The mandate actually issued on May 12, 2010, not May 12, 2008. ECF No. 11-2 at 155.
SO ORDERED on May 26, 2015.
s/ Mark E. Walker
United States District Judge