GETTIS v MCNEIL

Filing 36

ORDER ADOPTING 32 REPORT AND RECOMMENDATION - 1) The 1 Petition for Writ of Habeas Corpus is DENIED. 2) A Certificate of Appealability is DENIED. Signed by District Judge M CASEY RODGERS on 10/21/2010. (laj)

-EMT GETTIS v MCNEIL

Doc. 36

Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION

JOHNNY ANTHONY GETTIS, III, Petitioner, vs. W ALTER McNEIL, Respondent. ____________________________/ ORDER This cause comes on for consideration upon the magistrate judge's Report and Recommendation dated August 25, 2010. (Doc. 32). 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 any 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 Case No. 3:08cv91/MCR/EMT

incorporated by reference in this order. 2. 3. The petition for writ of habeas corpus (doc. 1) is DENIED. A certificate of appealability is DENIED.

DONE AND ORDERED this 21st day of October, 2010.

s/

M. Casey Rodgers

M. CASEY RODGERS UNITED STATES DISTRICT JUDGE

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