LEVINE v. DIXON

Page 1 of 2
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
ARAY DONELL LEVINE,
Petitioner,
v. Case No. 3:25-cv-1323-TKW-MJF
RICKY 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). No response to
the objections is needed.
The Court reviewed the issues raised in the objections 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 Petitioner’s amended §2254 habeas
petition should be dismissed because it is time-barred. 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. 11) is GRANTED.
Case 3:25-cv-01323-TKW-MJF Document 18 Filed 03/02/26 Page 1 of 2

Page 2 of 2
3. Petitioner’s amended §2254 habeas petition (Doc. 6) is DISMISSED
with prejudice because it is time-barred.
4. A certificate of appealability is DENIED.
5. The Clerk shall enter judgment in accordance with this Order and close
the case file.
DONE AND ORDERED this 2nd day of March, 2026.
__________________________________
T. KENT WETHERELL, II
UNITED STATES DISTRICT JUDGE
Case 3:25-cv-01323-TKW-MJF Document 18 Filed 03/02/26 Page 2 of 2