MCMILLIAN v. DIXON

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION
ANTHONY MCMILLIAN,
Petitioner,
v. Case No. 4:25-cv-181-TKW-HTC
RICKY D. DIXON,
Respondent.
/
ORDER
This case is before the Court based on the magistrate judge’s Report and
Recommendation (Doc. 16) and Petitioner’s objections (Doc. 17). The Court
reviewed the issues raised in the objection de novo under 28 U.S.C. §636(b)(1) and
Fed. R. Civ. P. 72(b)(3), and based on that review, the Court agrees with the
magistrate judge’s determination that Petitioner’s §2254 habeas petition was not
timely filed. See Bravo v. Sec’y, Dep’t of Corr., 2022 WL 17668456, at *1 (N.D.
Fla. Dec. 14, 2022) (finding that “§2254 clock” started at end of the 30-day period
to seek Florida Supreme Court review when the defendant’s judgment is affirmed
by the district court of appeal in a written opinion rather than an unelaborated per
curiam affirmance because “[t]he issue is not … whether the Florida Supreme Court
likely would have accepted discretionary review; the issue is whether there was an
opportunity for further review”), certificate of appealability denied, 2023 WL
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9324734 (11th Cir. July 13, 2023). The Court also agrees that a certificate of
appealability should be denied.
Accordingly, it is ORDERED that:
1. The magistrate judge’s Report and Recommendation is adopted and
incorporated by reference in this Order.
2. Respondent’s motion to dismiss (Doc. 12) is GRANTED, and
Petitioner’s §2254 habeas petition is DISMISSED with prejudice as untimely.
3. A certificate of appealability is DENIED.
4. The Clerk shall enter judgment in accordance with this Order and close
the case file.
DONE AND ORDERED this 6th day of February, 2026.
__________________________________
T. KENT WETHERELL, II
UNITED STATES DISTRICT JUDGE
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