Daniels v. United States of America

Middle District of Florida, flmd-8:2017-cv-00348

ORDER dismissing case without prejudice. Any pending motions are denied as moot. The Clerk is directed to close this case. Signed by Judge James S. Moody, Jr. on 4/24/2017. (LN)

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PageID 31 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION WILLIE LEE DANIELS, Petitioner, v. Case No: 8:17-cv-348-T-30TGW UNITED STATES DISTRICT COURT, Respondent. ORDER OF DISMISSAL THIS CAUSE comes before the Court sua sponte. The Court issued an Order to Show Cause (Doc. 2) on February 22, 2017 directing Petitioner to show cause within forty- five days as to why his motion to vacate, set aside or correct sentence (Doc. 1) should not be dismissed as time-barred. Petitioner has failed to timely respond to the Order to Show Cause. The Court, thus, concludes Petitioner's motion should be dismissed as untimely. Accordingly, it is ORDERED AND ADJUDGED as follows: 1. This cause is DISMISSED without prejudice. 2. Any pending motions are denied as moot. 3. The Clerk is directed to close this case. DONE and ORDERED in Tampa, Florida, this 24th day of April, 2017. Copies furnished to: Counsel/Parties of Record