MILLER v. MCDONOUGH et al

Filing 24

ORDER ADOPTING REPORT AND RECOMMENDATION - re 23 Order, Report and Recommendation - The petition for writ of habeas corpus is DENIED. Signed by SENIOR JUDGE ROGER VINSON on May 11, 2009.(cc: Miller) (cbj) Modified on 5/11/2009 (typo) (cbj).

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION ANDREW MILLER, Petitioner, vs. WALTER A. McNEIL, Respondent. ____________________________/ ORDER This cause comes on for consideration upon the magistrate judge's report and recommendation dated April 6, 2009 (Doc. 23). 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 timely filed 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. 2. The petition for writ of habeas corpus (Doc. 1) is DENIED. DONE AND ORDERED this 11th day of May, 2009. Case No. 3:06cv308/RV/EMT

/s/ Roger Vinson ROGER VINSON SENIOR UNITED STATES DISTRICT JUDGE