HAYNES v. STATE OF FLORIDA

Filing 7

ORDER ADOPTING REPORT AND RECOMMENDATION - re 3 Report and Recommendation. The § 2254 petition 1 is DISMISSED WITHOUT PREJUDICE, and the clerk is directed to send petitioner the Eleventh Circuit's form application for leave to file a second or successive petition. Signed by Judge LACEY A COLLIER on September 6, 2005. (cbj, Pensacola)

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HAYNES v. STATE OF FLORIDA Doc. 7 Case 3:05-cv-00323-LC-MD Document 7 Filed 09/06/2005 Page 1 of 1 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION LARRY HAYNES, Petitioner, v. No. 3:05cv323/LAC/MD ST ATE OF FLORIDA, Respondent. ______________________________________________________________________ ORDER Upon consideration of the Report and Recommendation of the Magistrate Judge filed on August 23, 2005, pursuant to 28 U.S.C. 636(b)(1)(B), and after reviewing objections to the Recommendation, the Recommendation is adopted as the opinion of the Court. Accordingly, it is now ORDERED as follows: 1. The magistrate judge's report and recommendation is adopted and incorporated by reference in this order. 2. The 2254 petition (doc. 1) is DISMISSED WITHOUT PREJUDICE, and the clerk is directed to send petitioner the Eleventh Circuit's form application for leave to file a second or successive petition. DONE AND ORDERED this 6th day of September, 2005. s /L.A. Collier LACEY A. COLLIER SENIOR UNITED STATES DISTRICT JUDGE Dockets.Justia.com

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