MARSHALL v. DIXON

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION
ANTHONY C. MARSHALL,
Petitioner,
v. Case No. 5:25-cv-175-TKW-HTC
RICKY D. DIXON,
Respondent.
/
ORDER
This case is before the Court based on the magistrate judge’s Report and
Recommendation (Doc. 13). No objections were filed.
Upon due consideration of the Report and Recommendation and the entire
case file, the Court agrees with the magistrate judge’s determination that
Respondent’s motion to dismiss should be granted because Petitioner’s §2254
habeas petition was not timely filed and equitable tolling does not apply.
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. 6) is GRANTED, and
Petitioner’s §2254 habeas petition is DISMISSED with prejudice as untimely.
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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 20th day of February, 2026.
__________________________________
T. KENT WETHERELL, II
UNITED STATES DISTRICT JUDGE
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