PENA v. SECRETARY OF THE FLORIDA DEPARTMENT OF CORRECTIONS

Filing 26

ORDER. The Magistrate Judge's 25 Report and Recommendation is adopted and incorporated by reference in this Order. The petition for a writ of habeas corpus pursuant to 28 U.S.C. §2254, ECF No. 1 , is DENIED. A certificate of appealability is DENIED. Signed by JUDGE M CASEY RODGERS on 9/9/2021. (alb)

Case 1:18-cv-00129-MCR-GRJ Document 26 Filed 09/09/21 Page 1 of 2
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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
GAINESVILLE DIVISION
ADOLFO PENA,
Petitioner,
v.

CASE NO. 1:18cv129-MCR-GRJ

SECRETARY, FL. DEPT.
OF CORRECTIONS,
Respondent.
_________________________/
O R D E R
This cause comes on for consideration upon the Magistrate Judge’s Report
and Recommendation dated July 22, 2021. ECF No. 25. 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). I have made a de novo determination of all timely filed objections.
Having considered the Report and Recommendation, and any objections
thereto timely filed, I have determined that the Report and Recommendation should
be adopted.
Accordingly, it is now ORDERED as follows:
(1) The Magistrate Judge’s Report and Recommendation is adopted and
incorporated by reference in this Order.

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(2) The petition for a writ of habeas corpus pursuant to 28 U.S.C. §2254, ECF
No. 1, is DENIED.
(3) A certificate of appealability is DENIED.
(4) The clerk is directed to close the file for this case.
DONE AND ORDERED this 9th day of September 2021.

M. Casey Rodgers

s/
M. CASEY RODGERS
UNITED STATES DISTRICT JUDGE

Case No. 1:18cv129-MCR-GRJ