RODAK v. SECRETARY, DEPT. OF CORRECTIONS, 4:12-cv-393-RV-GRJ. (2013)
Court: District Court, N.D. Florida
Number: infdco20130906762
Visitors: 6
Filed: Sep. 05, 2013
Latest Update: Sep. 05, 2013
Summary: ORDER ROGER VINSON, Senior District Judge. This cause comes on for consideration upon the magistrate judge's Report and Recommendation dated August 6, 2013 (doc. 14), which recommended that Defendant's motion to dismiss be granted as to claims (1), (3), (4), and (5), and that claim (2) be denied on the merits. The petitioner has been furnished a copy of the Report and Recommendation and has been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b
Summary: ORDER ROGER VINSON, Senior District Judge. This cause comes on for consideration upon the magistrate judge's Report and Recommendation dated August 6, 2013 (doc. 14), which recommended that Defendant's motion to dismiss be granted as to claims (1), (3), (4), and (5), and that claim (2) be denied on the merits. The petitioner has been furnished a copy of the Report and Recommendation and has been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)..
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ORDER
ROGER VINSON, Senior District Judge.
This cause comes on for consideration upon the magistrate judge's Report and Recommendation dated August 6, 2013 (doc. 14), which recommended that Defendant's motion to dismiss be granted as to claims (1), (3), (4), and (5), and that claim (2) be denied on the merits. The petitioner has been furnished a copy of the Report and Recommendation and has been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). No objections have been filed.
Having considered the Report and Recommendation, I have determined that the Report and Recommendation should be adopted.
Accordingly, it is now ORDERED as follows:
The magistrate judge's Report and Recommendation is adopted and incorporated by reference in this order. Defendant's motion to dismiss, doc. 9, is GRANTED. The Clerk must enter judgment stating, "Petitioner's petition for a writ of habeas corpus under 28 U.S.C. § 2254 is denied." A certificate of appealability is denied. Leave to proceed on appeal in forma pauperis is denied.
DONE AND ORDERED.
Source: Leagle
