HOLMES v. MCNEIL

Filing 23

ORDER adopting the magistrate judge's 22 Report and Recommendation. The petition for writ of habeas corpus (doc. 1 ), challenging the convictions and sentences in State of Florida v. Timothy Anton Holmes in the Circuit Court for Escambia County, Florida, Case Nos. 05-3409, 05-3410, 05-3566, 06-0481, 06-0559, 06-0560, 06-0561, 06-0562, 06-0563, 06-0564, 06-0565 and 06-0619 is DENIED and the clerk is directed to close the file. A certificate of appealability is DENIED. Signed by SENIOR JUDGE ROGER VINSON on 11/17/2011. (djb)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
TIMOTHY A. HOLMES,
Petitioner,
vs.

3:09cv64/RV/CJK

KENNETH S. TUCKER,
Respondent.
ORDER
This cause comes on for consideration upon the magistrate judge's report and
recommendation dated October 12, 2011. The petitioner has 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), and 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, I have determined that the report and recommendation should be adopted.
Accordingly, it is now ORDERED:
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

convictions and sentences in State of Florida v. Timothy Anton Holmes in the Circuit
Court for Escambia County, Florida, Case Nos. 05-3409, 05-3410, 05-3566, 06-0481,
06-0559, 06-0560, 06-0561, 06-0562, 06-0563, 06-0564, 06-0565 and 06-0619 is
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 17th day of November, 2011.

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

Case No: 3:09cv64/RV/CJK