CLINES v. MCNEIL

Filing 36

ORDER ADOPTING 33 Report and Recommendation. - The 26 Motion to Dismiss is Granted. Petitioner shall have 20 days to file amended § 2254 petition raising only his exhausted claim or, alternatively, a notice of voluntary dismissal of all claims. - - - (Amended Pleadings due by 3/23/2010. ) - - - Signed by District Judge M CASEY RODGERS on March 3, 2010. (cbj)

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Page 1 of 1 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION MICHAEL RAY CLINES, Petitioner, vs. W ALTER McNEIL, Respondent. / ORDER This cause comes on for consideration upon the magistrate judge's Report and Recommendation. The Plaintiff has previously been furnished a copy of the Report and Recommendation and has 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 those portions to which an objection has been made. Having considered the Report and Recommendation and all objections thereto timely filed by the parties, 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. 3:08cv208/MCR/WCS incorporated by reference in this order. 2. The motion to dismiss (doc. 26) is GRANTED. Petitioner shall have 20 days to file amended 2254 petition raising only his exhausted claim or, alternatively, a notice of voluntary dismissal of all claims. DONE AND ORDERED this 3rd day of March, 2010. s/ M. Casey Rodgers M. CASEY RODGERS UNITED STATES DISTRICT JUDGE

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