GREEN v. MCNEIL

Filing 77

ORDER re 76 Response (Construed as Motion) filed by DANNY ALLEN GREEN is DENIED. Signed by SENIOR JUDGE MAURICE M PAUL on 10/21/2011. (jws)

Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
GAINESVILLE DIVISION
DANNY ALLEN GREEN,
Petitioner,
v.

CASE NO. 1:09-cv-00204-MP-GRJ

WALTER A MCNEIL,
Respondent.
_____________________________/
ORDER
This matter is before the Court on Doc. 76, in which Mr. Green objects to the Court's
order at Doc. 75. Previously, the Court accepted the Report and Recommendation and rejected
Mr. Green's argument that his constitutional rights were violated by the lack of a probable cause
affidavit supporting the charging information. The Court's order stated: "The Court agrees that
Mr. Green’s claim that the state information was deficient involves only state law and does not
trigger federal constitutional review." Doc. 71. In the motion at Doc. 76, petitioner contends
that his argument that "no supporting probable cause affidavit exists for any alleged offense in
the State Information" remains unaddressed. However the statement quoted above from the
order at Doc. 71 does in fact address that claim. Accordingly, it is hereby
ORDERED AND ADJUDGED:
The motion at Doc. 76 is denied.
DONE AND ORDERED this 21st day of October, 2011

s/Maurice M. Paul
Maurice M. Paul, Senior District Judge