POPE v. MCNEIL

Filing 33

ORDER adopting 31 Report and Recommendation. The 1 petition for writ of habeas corpus, challenging the conviction and sentence in State of Florida v. Charles Randall Pope in the Circuit Court for Escambia County, Florida, Case No. 03-5974 is DENIED, and the clerk is directed to close the file. A certificate of appealability is DENIED. Signed by CHIEF JUDGE M CASEY RODGERS on May 4, 2012. (kvg)

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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
CHARLES R. POPE,
Petitioner,
v.

3:09cv261/MCR/CJK

KENNETH S. TUCKER,
Respondent.
_____________________/
ORDER
This cause comes on for consideration upon the magistrate judge's Report and
Rdcommendation dated February 23, 2011 (doc. 31). 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.1
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 conviction and

sentence in State of Florida v. Charles Randall Pope in the Circuit Court for Escambia
County, Florida, Case No. 03-5974 is DENIED, and the clerk is directed to close the file.

1

The court notes that the copy of the Report and Recom m endation m ailed to the petitioner was
returned as undeliverable. However, the envelope in which it was enclosed was addressed by the clerk of
court according to the m agistrate judge’s instructions based on inform ation contained on the Departm ent of
Corrections’ website, which indicates that the plaintiff was released on Novem ber 28, 2011, and provided the
address specified by the m agistrate judge as his residence upon release. In any event, it is the litigant’s
responsibility to keep the court apprised of his current address.

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3.

A certificate of appealability is DENIED.

DONE AND ORDERED this 4th day of May, 2012.

s/

M. Casey Rodgers

M. CASEY RODGERS
CHIEF UNITED STATES DISTRICT JUDGE

Case No: 3:09cv261/MCR/CJK