WINGATE v. MCNEIL

Filing 32

ORDER ADOPTING 31 THE MAGISTRATE JUDGES REPORT AND RECOMMENDATION. The petitioner's petition for writ of habeas corpus is DENIED. A certificate of appealability is denied. "All claims are denied and the case is DISMISSED with prejudice." Signed by SENIOR JUDGE WILLIAM STAFFORD on 08/17/2011. (krb) Modified on 8/18/2011 (krb).

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

KELLY E. WINGATE, JR.,
Petitioner,
v.

3:09cv10-WS/CJK

EDWIN G. BUSS,
Respondent.

ORDER ADOPTING THE MAGISTRATE JUDGE’S
REPORT AND RECOMMENDATION
Before the court is the magistrate judge's report and recommendation docketed
July 18, 2011. See Doc. 31. The magistrate judge recommends that the petitioner's
petition for writ of habeas corpus be denied. The petitioner has filed no objections to
the report and recommendation.
This court having reviewed the magistrate judge's report and recommendation, it
is ORDERED:
1. The magistrate judge's report and recommendation (doc. 31) is hereby
ADOPTED and incorporated by reference into this order.
2. The petitioner's petition for writ of habeas corpus is DENIED.
3. The clerk shall enter judgment stating: "All claims are denied and the case is
DISMISSED with prejudice."
4. A certificate of appealability is denied.

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DONE AND ORDERED this

17th

day of

August

, 2011.

s/ William Stafford
WILLIAM STAFFORD
SENIOR UNITED STATES DISTRICT JUDGE

Case No. 3:09cv10-WS