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Smith v. Jones, 3:17cv159/RV/CJK. (2018)

Court: District Court, N.D. Florida Number: infdco20180209b54 Visitors: 11
Filed: Feb. 08, 2018
Latest Update: Feb. 08, 2018
Summary: ORDER ROGER VINSON , District Judge . This cause comes on for consideration upon the Magistrate Judge's Report and Recommendation dated January 9, 2018. (Doc. 16). 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). I have made a de novo determination of those portions to which an objection has been made. Having considered the Report and Recommendation
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ORDER

This cause comes on for consideration upon the Magistrate Judge's Report and Recommendation dated January 9, 2018. (Doc. 16). 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). I have made a de novo determination of those portions to which an objection has been made.

Having considered the Report and Recommendation and the objections thereto timely filed (doc. 19), I have determined that the Report and Recommendation should be adopted.

Accordingly, it is ORDERED:

1. The Magistrate Judge's Report and Recommendation (doc. 16) is adopted and incorporated by reference in this order.

2. Respondent's motion to dismiss (doc. 12) is GRANTED

3. The petition for writ of habeas corpus (doc. 1), challenging petitioner's judgment of conviction and sentence in State of Florida v. Charles Milton Smith, Santa Rosa County Circuit Court Case No. 2014-CF-1135, is DISMISSED WITH PREJUDICE.

4. The clerk is directed to close the file.

5. A certificate of appealability is DENIED.

ORDERED.

Source:  Leagle

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