Kennedy v. Inch, 3:19cv514-LC/CAS. (2020)
Court: District Court, N.D. Florida
Number: infdco20200106629
Visitors: 11
Filed: Jan. 03, 2020
Latest Update: Jan. 03, 2020
Summary: ORDER LACEY A. COLLIER , Senior District Judge . This matter is before the Court on the Report and Recommendation of the U.S. Magistrate Judge dated December 2, 2019 (ECF No. 16), that Respondent's motion to dismiss (ECF No. 15) be granted and the petition for writ of habeas corpus (ECF No. 1), filed pursuant to 28 U.S.C. 2254, be dismissed as an unauthorized successive petition. The parties have been furnished a copy of the Report and Recommendation and have been afforded an opportunity
Summary: ORDER LACEY A. COLLIER , Senior District Judge . This matter is before the Court on the Report and Recommendation of the U.S. Magistrate Judge dated December 2, 2019 (ECF No. 16), that Respondent's motion to dismiss (ECF No. 15) be granted and the petition for writ of habeas corpus (ECF No. 1), filed pursuant to 28 U.S.C. 2254, be dismissed as an unauthorized successive petition. The parties have been furnished a copy of the Report and Recommendation and have been afforded an opportunity ..
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ORDER
LACEY A. COLLIER, Senior District Judge.
This matter is before the Court on the Report and Recommendation of the U.S. Magistrate Judge dated December 2, 2019 (ECF No. 16), that Respondent's motion to dismiss (ECF No. 15) be granted and the petition for writ of habeas corpus (ECF No. 1), filed pursuant to 28 U.S.C. § 2254, be dismissed as an unauthorized successive petition. The parties have been furnished a copy of the Report and Recommendation and have been afforded an opportunity to file objections pursuant 28 U.S.C. § 636(b)(1). No objections have been filed.
Having considered the Report and Recommendation, I have determined it should be adopted.
Accordingly, it is now ORDERED as follows:
1. The Report and Recommendation (ECF No. 16) is adopted and incorporated by reference in this order.
2. The Clerk shall enter judgment stating, "Respondent's motion to dismiss (ECF No. 15) is GRANTED and the petition for writ of habeas corpus (ECF No. 1) is DISMISSED. Any certificate of appealability is DENIED and leave to appeal in forma pauperis is also DENIED."
3. The Clerk shall close the file.
DONE AND ORDERED.
Source: Leagle
