MARTS v. MCNEIL

Filing 9

ORDER ADOPTING REPORT AND RECOMMENDATION. The petition for writ of habeas corpus 1 is DISMISSED WITHOUT PREJUDICE, and the clerk is directed to close the file. Signed by District Judge M CASEY RODGERS on 10/29/09. (lcu)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION SIDNEY MARTS, Petitioner, vs. WALTER A. MCNEIL, Respondent. / ORDER This cause comes on for consideration upon the magistrate judge's report and recommendation dated September 25, 2009. 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 CASE NO.: 3:09cv352/MCR/MD

incorporated by reference in this order. 2. The petition for writ of habeas corpus (doc. 1) is DISMISSED WITHOUT

PREJUDICE, and the clerk is directed to close the file. DONE AND ORDERED this 29th day of October, 2009. s/

M. Casey Rodgers

M. CASEY RODGERS UNITED STATES DISTRICT JUDGE