BACA
v.
SECRETARY FLORIDA DEPARTMENT OF CORRECTIONS

N.D. Fla. | 2020-08-28
No. 20
District Court, N.D. Florida (2020)

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Holding

The court adopted the magistrate judge's report and recommendation, denying the respondent's motion to dismiss.

Facts & Procedural History

The magistrate judge recommended denying the respondent's motion to dismiss. The petitioner concurred with the recommendation, and the respondent did …

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Topics
Houston V. Lack Prison Mailbox Rule

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Opinion of the Court

This cause comes on for consideration upon the magistrate judge’s Report and Recommendation dated August 13, 2020, ECF No. 20, which recommends denying the Respondent’s motion to dismiss, ECF No. 16. Petitioner filed “Objections” by mailbox rule1 on August 19, 2020, ECF No. 22, in which he stated that he concurred with the Report and Recommendation. The time for Respondent to file objections has passed without objection. Having considered the Report and Recommendation, I have determined that the Report and Recommendation should be adopted.

M. Casey Rodgers

s/

M. CASEY RODGERS

UNITED STATES DISTRICT JUDGE

Footnotes
1 See Habeas Rule 3(d) and Houston v. Lack, 487 U.S. 266, 275-76 (1988) (Under the “prison mailbox rule,” a pro se prisoner’s court filing is deemed filed on the date it is delivered to prison authorities for mailing.). Accordingly, it is now ORDERED as follows: (1) The Magistrate Judge’s Report and Recommendation, ECF No. 20, is adopted and incorporated by reference in this Order. (2) The Respondent’s Motion to Dismiss, ECF Doc. 16, is DENIED. (3) The Clerk is directed to refer this matter back to the magistrate judge for further proceedings. DONE AND ORDERED this 28th day of August 2020.

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