Horn v. Florida Department of Corrections Secretary, 3:17cv100/MCR/EMT. (2018)
Court: District Court, N.D. Florida
Number: infdco20180607b85
Visitors: 21
Filed: Jun. 06, 2018
Latest Update: Jun. 06, 2018
Summary: ORDER M. CASEY RODGERS , Chief District Judge . This cause comes on for consideration upon the Chief Magistrate Judge's Report and Recommendation dated May 15, 2018 (ECF No. 27). The parties have been furnished a copy of the Report and Recommendation and have been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). The Court has made a de novo determination of the timely filed objections, see ECF No. 28. Having considered the Report
Summary: ORDER M. CASEY RODGERS , Chief District Judge . This cause comes on for consideration upon the Chief Magistrate Judge's Report and Recommendation dated May 15, 2018 (ECF No. 27). The parties have been furnished a copy of the Report and Recommendation and have been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). The Court has made a de novo determination of the timely filed objections, see ECF No. 28. Having considered the Report a..
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ORDER
M. CASEY RODGERS, Chief District Judge.
This cause comes on for consideration upon the Chief Magistrate Judge's Report and Recommendation dated May 15, 2018 (ECF No. 27). The parties have been furnished a copy of the Report and Recommendation and have been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). The Court has made a de novo determination of the timely filed objections, see ECF No. 28.
Having considered the Report and Recommendation, and the objections, the Court has determined that the Report and Recommendation should be adopted.
Accordingly, it is now ORDERED as follows:
1. The Chief Magistrate Judge's Report and Recommendation is adopted and incorporated by reference in this order.
2. Respondent's motion to dismiss (ECF No. 24) is GRANTED.
3. Petitioner's § 2254 petition (ECF No. 1) is DISMISSED WITHOUT PREJUDICE for Petitioner's failure to exhaust state court remedies.
4. A certificate of appealability is DENIED.
DONE AND ORDERED.
Source: Leagle
