Filed: Apr. 30, 2014
Latest Update: Apr. 30, 2014
Summary: ORDER M. CASEY RODGERS, Chief District Judge. This cause comes on for consideration upon the Magistrate Judge's Report and Recommendation dated March 27, 2014. (Doc. 17). 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 those portions to which a timely objection has been made. 1 Having considered the Repo
Summary: ORDER M. CASEY RODGERS, Chief District Judge. This cause comes on for consideration upon the Magistrate Judge's Report and Recommendation dated March 27, 2014. (Doc. 17). 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 those portions to which a timely objection has been made. 1 Having considered the Repor..
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ORDER
M. CASEY RODGERS, Chief District Judge.
This cause comes on for consideration upon the Magistrate Judge's Report and Recommendation dated March 27, 2014. (Doc. 17). 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 those portions to which a timely objection has been made.1
Having considered the Report and Recommendation and all objections thereto timely filed, the Court has determined that the Report and Recommendation should be adopted.
Accordingly, it is ORDERED:
1. The Magistrate Judge's Report and Recommendation (doc. 17) is adopted and incorporated by reference in this order.
2. Respondent's motion to dismiss (doc. 13) 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. David Duane Pentecost in the Circuit Court for Escambia County, Florida, Case No. 87-93, is DISMISSED WITH PREJUDICE.
4. The Clerk is directed to close the file.
5. A certificate of appealability is DENIED.
DONE AND ORDERED.
