BAKER v. SECRETARY DEPARTMENT OF CORRECTIONS

Filing 30

ORDER ADOPTING 29 Report and Recommendation. - The respondent's 13 Motion to Dismiss is Granted. - The 1 petition for writ of habeas corpus is Dismissed Without Prejudice. - The clerk to close the file. - Certificate of appealability is Denied. - - - Signed by SENIOR JUDGE LACEY A COLLIER on May 3, 2010. (cbj)

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION JAMES LONNIE BAKER, JR., Petitioner, v. No. 3:09cv444/LAC/MD

SECRETARY, DEPARTMENT OF CORRECTIONS, Respondent. ______________________________________________________________________ ORDER Upon consideration of the Report and Recommendation of the Magistrate Judge filed on April 7, 2010, pursuant to 28 U.S.C. § 636(b)(1)(B), and no objections having been filed, the Recommendation is adopted as the opinion of the Court. 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. 3. The respondent's motion to dismiss (doc. 13) is GRANTED. The petition for writ of habeas corpus (doc. 1) is DISMISSED WITHOUT

PREJUDICE. 4. 5. The clerk is directed to close the file. The court finds no substantial showing of the denial of a constitutional

right in this case. 28 U.S.C. § 2253(c)(2); Slack v. McDaniel, 529 U.S. 473, 483-84, 120 S.Ct. 1595, 1603-04, 146 L.Ed.2d 542 (2000) (explaining how to satisfy this showing) (citation omitted). Therefore, a certificate of appealability is DENIED. DONE AND ORDERED this 3rd day of May, 2010.

s /L .A . Collier LACEY A. COLLIER SENIOR UNITED STATES DISTRICT JUDGE