HARVEY v. STATE OF FLORIDA

Filing 58

ORDER adopting 53 Report and Recommendation. The 1 petition for writ of habeas corpus challenging the conviction and sentence in State of Florida v. Ivan J. Harvey, entered in the Circuit Court of Escambia County, Florida, case numbers 04-5775, 06-3599, 06-4302 and 06-4303 are DENIED, and the clerk is directed to close the file. A certificate of appealability is DENIED. Signed by SENIOR JUDGE LACEY A COLLIER on October 21, 2011. (kvg)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
IVAN S. HARVEY,
Petitioner,
vs.

Case No. 3:09cv43/LAC/CJK

KENNETH S. TUCKER,
Respondent
________________________________________________________________
ORDER
This cause comes on for consideration upon the magistrate judge’s Report and
Recommendation dated September 27, 2011. (Doc. 53). 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 objections filed.
Having considered the Report and Recommendation, and the timely filed
objections thereto, 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) challenging the conviction

and sentence in State of Florida v. Ivan J. Harvey, entered in the Circuit Court of
Escambia County, Florida, case numbers 04-5775, 06-3599, 06-4302 and 06-4303 are
DENIED, and the clerk is directed to close the file.

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3.

A certificate of appealability is DENIED.

DONE AND ORDERED this 21st day of October, 2011.

s /L.A.

Collier

LACEY A. COLLIER
SENIOR UNITED STATES DISTRICT JUDGE

Case No: 3:09v43/LAC/CJK