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MARTS v. TUCKER, 3:10cv240/LAC/EMT. (2012)

Court: District Court, N.D. Florida Number: infdco20120518670 Visitors: 11
Filed: May 17, 2012
Latest Update: May 17, 2012
Summary: ORDER LACEY A. COLLIER, Senior District Judge. This cause comes on for consideration upon the magistrate judge's Report and Recommendation dated April 16, 2012 (doc. 73). 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 objections filed. Having considered the Report and Recommendation, and the timely filed object
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ORDER

LACEY A. COLLIER, Senior District Judge.

This cause comes on for consideration upon the magistrate judge's Report and Recommendation dated April 16, 2012 (doc. 73). 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 objections filed.

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

Accordingly, it is now ORDERED as follows:

1. The magistrate judge's Report and Recommendation is adopted and incorporated by reference in this order. 2. The second amended petition for writ of habeas corpus (doc. 47) is DENIED. 3. Petitioner's "Motion for Evidentiary Hearing w/Motion for Judgment [sic] on Pleadings" (doc. 71) is DENIED.

4. The Motion for Certificate of Appealability (doc. 76) is DENIED and a certificate of appealability is DENIED.

DONE AND ORDERED.

Source:  Leagle

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