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)

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

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