CLARK v. SECRETARY FLORIDA DEPARTMENT OF CORRECTIONS
ORDER ADOPTING 19 REPORT AND RECOMMENDATION signed by William Terrell Hodges on 3/6/17. The clerk is directed to enter the following judgment: Petitioners petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, Doc. 1 , is DENIED, a certificate of appealability is DENIED, and to close the file. (tss)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
DARREN NOLAN CLARK, SR,
Case No. 1:13-cv-00251-WTH-GRJ
SECRETARY FLORIDA DEPARTMENT OF CORRECTIONS,
This cause comes on for consideration upon the Magistrate Judge's Report and
Recommendation dated December 13, 2016. (Doc. 19). 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). Petitioner has filed objections at Doc. 29. I have made a de novo review
based on those objections.
Having considered the Report and Recommendation, and the timely filed
objections, I have determined that the Report and Recommendation should be
adopted. With respect to Petitioner’s objections, the Court finds that he fails to provide
any arguments that demonstrate that he was prejudiced by the prosecutor’s temporary
delinquency from the Florida Bar due to missing continuing legal education credits. He
also asserts that the prosecution was aware of the suspension, yet the facts before the
Court directly contradict that assertion. Finally, Petitioner once again raises the issue
Page 2 of 2
regarding an entitlement to subpoena or compel the Court to provide documents. The
Court has previously addressed this issue twice, Docs. 26, 30, and will not do so again.
Accordingly, it is hereby ORDERED AND ADJUDGED:
The Magistrate Judge’s Report and Recommendation, Doc. 19, is adopted
and incorporated by reference in this order.
The clerk is directed to enter the following judgment: “Petitioner’s petition
for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, Doc. 1, is
DENIED. A certificate of appealability is DENIED.”
The clerk is directed to close the file.
IT IS SO ORDERED.
DONE and ORDERED at Gainesville, Florida this 6th day of March, 2017.
Case No: 1:13‐cv‐00251‐WTH‐GRJ
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