CHANEY v. SECRETARY FLORIDA DEPARTMENT OF CORRECTIONS

Filing 7

ORDER re 4 Motion for New Trial is DENIED. Signed by MAGISTRATE JUDGE GARY R JONES on 9/13/2011. (jws)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA GAINESVILLE DIVISION RODNEY A. CHANEY, Petitioner, v. CASE NO. 1:11-cv-175-SPM-GRJ SECRETARY, DEPARTMENT OF CORRECTIONS, Respondent. _____________________________/ Petitioner, an inmate in state custody proceeding pro se, has filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. (Doc. 1.) Petitioner also filed a Motion For New Trial requesting the Court to grant him a new trial for the reasons alleged in his Petition. (Doc. 4.) The Court will review the Petition, Respondent’s response (or other motion) to the Petition and any reply by Petitioner, if applicable, and then will make appropriate disposition of the Petition or motion. As such, Petitioner did not need to file a separate Motion For New Trial. Accordingly, upon due consideration, it is ORDERED: Petitioner’s Motion For New Trial (Doc. 4) is DENIED. DONE AND ORDERED this 13th day of September, 2011. s/ Gary R. Jones GARY R. JONES United States Magistrate Judge

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