Auxter v. Florida Department of Corrections, 5:16-cv-00205-WTH-EMT. (2018)
Court: District Court, N.D. Florida
Number: infdco20180330a36
Visitors: 18
Filed: Mar. 29, 2018
Latest Update: Mar. 29, 2018
Summary: ORDER ADOPTING REPORT AND RECOMMENDATION AND DISMISSING PETITION UNDER 28 U.S.C. 2244(b) WILLIAM TERRELL HODGES , District Judge . This cause comes on for consideration upon the Magistrate Judge's Report and Recommendation dated January 3, 2018. (ECF No. 33). 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 time for filing objections has passed,
Summary: ORDER ADOPTING REPORT AND RECOMMENDATION AND DISMISSING PETITION UNDER 28 U.S.C. 2244(b) WILLIAM TERRELL HODGES , District Judge . This cause comes on for consideration upon the Magistrate Judge's Report and Recommendation dated January 3, 2018. (ECF No. 33). 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 time for filing objections has passed, a..
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ORDER ADOPTING REPORT AND RECOMMENDATION AND DISMISSING PETITION UNDER 28 U.S.C. § 2244(b)
WILLIAM TERRELL HODGES, District Judge.
This cause comes on for consideration upon the Magistrate Judge's Report and Recommendation dated January 3, 2018. (ECF No. 33). 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 time for filing objections has passed, and none have been filed.
Having considered the Report and Recommendation, I have determined that the Report and Recommendation should be adopted.
Accordingly, it is hereby
ORDERED AND ADJUDGED:
1. The Magistrate Judge's Report and Recommendation is adopted and incorporated by reference in this order.
2. The Clerk is directed to enter the following judgment: "The petition for writ of habeas corpus, ECF No. 1, is DISMISSED pursuant to 28 U.S.C. § 2244(b) for lack of jurisdiction. A certificate of appealability is DENIED."
3. The Clerk is directed to close the file.
DONE AND ORDERED.
Source: Leagle
