Opinion
22-14404-CV-MIDDLEBROOKS/MAYNARD
01-23-2024
DEMARCUS ANTOINE MILLS, Petitioner, v. STATE OF FLORIDA, et al., Respondents.
ORDER ADOPTING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE
DONALD M. MIDDLEBROOKS, UNITED STATES DISTRICT JUDGE
THIS CAUSE comes before the Court on Magistrate Judge Shaniek Mills Maynard's Report and Recommendation (“Report”), issued on January 9, 2024. (DE 14). The Report recommends dismissing Petitioner Demarcus Antoine Mills' Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. §2254 as untimely. Petitioner filed objections on January 18, 2024 (DE 15) and Respondents filed a response on January 21, 2024 (DE 16). .
I have conducted a de novo review of the Report, objections, and the record as a whole. Upon review, I agree with Magistrate Judge Mills Maynard's conclusions, and find that the reasoning in the Report is accurate and thorough. Further, I find that Movant has failed to make “a substantial showing of the denial of a constitutional right” sufficient to support the issuance of a Certificate of Appealability. See 28 U.S.C. §2253.
Accordingly, it is ORDERED AND ADJUDGED that:
(1) The Report (DE 14) is ADOPTED.
(2) Movant's Objections (DE 15) are OVERRULED.
(3) Petitioner Demarcus Antoine Mills' Petition under 28 U.S.C. §2254 for Writ of
Habeas Corpus (DE 1) is DENIED.
(4) A Certificate of Appealability is DENIED.
(5) Final Judgment shall be entered by separate Order.