LANCASTER v. MCNEIL

Filing 33

ORDER adopting 30 Report and Recommendation. The 1 petition for writ of habeas corpus is DENIED. A certificate of appealability is DENIED. Signed by CHIEF JUDGE M CASEY RODGERS on February 8, 2012. (kvg)

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

MARVIN D. LANCASTER,
Petitioner,
v.

Case No.: 3:09cv333/MCR/EMT

KENNETH S. TUCKER,
Respondent.
_________________________/
ORDER
This cause comes on for consideration upon the magistrate judge’s Report and
Recommendation dated October 20, 2011 (doc. 30). 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 any timely filed objections.1
Having considered the Report and Recommendation, and any objections thereto
timely filed, 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.

1

The petition for writ of habeas corpus (doc. 1) is DENIED.

In his objection to the Report and Recom m endation (doc. 32), the Petitioner argues that, contrary
to the m agistrate judge’s finding, he is able to rebut the state court’s conclusion that he began serving the 50year sentence im posed in Case No. 80-480 in Decem ber 2000. To that end, the Petitioner attaches a num ber
of docum ents that he contends clearly state that he began serving his sentence in Case No. 80-480 in October
1980. The court has reviewed the docum ents attached by the Petitioner, and the only reference to the date
on which the Petitioner began serving the sentence im posed in Case No. 80-480 indicates that he began
serving the sentence in Decem ber 2000.

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3.

A certificate of appealability is DENIED.

DONE AND ORDERED this 8th day of February, 2012.

s/

M. Casey Rodgers

M. CASEY RODGERS
CHIEF UNITED STATES DISTRICT JUDGE

Case No: 3:09cv4333MCR/EMT