UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

Case No. 19-cv-62510-BLOOM/Reid

ANTON JOSEY,

Petitioner,

v.

MARK S. INCH, SECRETARY OF THE FLORIDA DEPARTMENT OF CORRECTIONS,

Respondent. /

ORDER ADOPTING MAGISTRATE JUDGE’S REPORT

THIS CAUSE is before the Court upon the Report of Magistrate Judge. ECF No. [11] (“Report”). On April 22, 2020, the Honorable Lisette M. Reid issued the Report recommending that Anton Josey’s (“Petitioner”) Petition Under

for Writ of Habeas Corpus, ECF No. [1] (“Petition”), be dismissed as untimely. ECF No. [11] at 2. The Report further advised that any objections to the Report were due within fourteen days of receipt of the Report.

. To date, Petitioner has not filed any objections, nor has he sought any additional time within which to do so. This Court has conducted a de novo review of Judge Reid’s Report and the record in this case, and is otherwise fully advised. Williams v. McNeil,

(11th Cir. 2009) (citing

(b)(1)). Upon review, the Court finds Judge Reid’s Report to be well reasoned and correct. The Court therefore agrees with the analysis in the Report and concludes that this case should be dismissed as untimely for the reasons set forth therein. The Court further agrees that an evidentiary hearing is not necessary in this case because Petitioner has failed to Case No. 19-cv-62510-BLOOM/Reid

demonstrate the existence of any factual disputes that would require an evidentiary hearing. Finally, the Court concludes that the recommendation in the Report that Petitioner is not entitled to a certificate of appealability is correct. Accordingly, itis ORDERED AND ADJUDGED as follows: 1. Judge Reid’s Report, ECF No. [11], is ADOPTED. 2. The Petition, ECF No. [1], is DISMISSED as untimely. No Certificate of Appealability shall issue. 3. To the extent not otherwise disposed of, any scheduled hearings are CANCELED, all pending motions are DENIED AS MOOT, and all deadlines are TERMINATED. 4. The Clerk of Court is directed to CLOSE this case. DONE AND ORDERED in Chambers at Miami, Florida, on May 14, 2020.

UNITED STATES DISTRICT JUDGE Copies to: The Honorable Lisette Reid Counsel of Record Anton Josey 967931 Northwest Florida Reception Center-Annex Inmate Mail/Parcels 4455 Sam Mitchell Drive Chipley, FL 32428