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Rolle v. Secretary, Florida Department of Corrections, 4:17cv316-WS/EMT. (2019)

Court: District Court, N.D. Florida Number: infdco20190327c47 Visitors: 14
Filed: Mar. 26, 2019
Latest Update: Mar. 26, 2019
Summary: ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION WILLIAM STAFFORD , Senior District Judge . Before the court is the magistrate judge's report and recommendation (ECF No. 25) docketed January 18, 2019. The magistrate judge recommends that Petitioner's petition for writ of habeas corpus be DISMISSED IN PART and DENIED IN PART. Petitioner has filed objections (ECF No. 26) to the magistrate judge's report and recommendation. Upon review of the record in light of Petitioner's objecti
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ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION

Before the court is the magistrate judge's report and recommendation (ECF No. 25) docketed January 18, 2019. The magistrate judge recommends that Petitioner's petition for writ of habeas corpus be DISMISSED IN PART and DENIED IN PART. Petitioner has filed objections (ECF No. 26) to the magistrate judge's report and recommendation.

Upon review of the record in light of Petitioner's objections, the court has determined that the magistrate judge's report and recommendation should be adopted. Accordingly, it is ORDERED:

1. The magistrate judge's report and recommendation (ECF No. 25) is hereby ADOPTED and incorporated by reference into this order.

2. Petitioner's petition for writ of habeas corpus (ECF No. 1) is DISMISSED for lack of jurisdiction to the extent it challenges the original or revocation judgment in Leon County Circuit Court Case No. 2002-CF-47.

3. Petitioner's petition for writ of habeas corpus (ECF No. 1) is DENIED to the extent it challenges any of the judgments in Leon County Circuit Court Case No. 2002-CF-4016.

4. The clerk shall enter judgment stating: "Petitioner's petition for writ of habeas corpus is (1) DISMISSED for lack of jurisdiction to the extent it challenges the original or revocation judgment in Leon County Circuit Court Case No. 2002-CF-47; and (2) DENIED to the extent it challenges any of the judgments in Leon County Circuit Court Case No. 2002-CF-4016."

5. A certificate of appealability is DENIED.

Source:  Leagle

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