COLE v. STATE OF FLORIDA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
ROBERT ALAN COLE,
Petitioner,
v. 	Case No. 3:25cv1253-MCR/MAF
STATE OF FLORIDA,
Respondent.
/
ORDER
The Magistrate Judge issued a Report and Recommendation dated January 26,
2026. 	ECF No. 11. 	The Parties have been furnished a copy of the Report and
Recommendation and have been afforded an opportunity to file objections pursuant
28 U.S.C. § 636(b)(1). 	Having considered the Report and Recommendation, and
any 	timely 	filed 	objections 	thereto, 	I 	have 	determined 	the 	Report 	and
Recommendation should be adopted.
Accordingly, it is now ORDERED as follows:
1. 	The 	Report 	and 	Recommendation, 	ECF 	No. 	11, 	is 	adopted 	and
incorporated by reference in this order.
2. 	Respondent’s motion to dismiss, ECF No. 9, is GRANTED and the
amended § 2254 petition for writ of habeas corpus, ECF No. 5, is
DISMISSED as untimely.
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Case No. 3:25cv1253-MCR/MFJ
3. 	A certificate of appealability is DENIED and leave to appeal in forma
pauperis is also DENIED.
DONE AND ORDERED this 4th day of May 2026.
M. Casey Rodgers
M. CASEY RODGERS
UNITED STATES DISTRICT JUDGE
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