BENNETT v. STATE OF FLORIDA

Filing 13

REPORT AND RECOMMENDATION: 1. That respondent's motion dismiss with prejudice (doc. 9 ) be GRANTED, and the petition for writ of habeas corpus (doc. 3 ) challenging the convictions and sentences in State of Florida v. Henry L. Bennett, Jr., in the Circuit Court of Escambia County, Florida, case number 05-3403, be DISMISSED WITH PREJUDICE. 2. That petitioner's motion for stay (doc. 4 ) be DENIED. 3. That the clerk be directed to close the file. 4. That a certificate of appealability be DENIED. Signed by MAGISTRATE JUDGE MILES DAVIS on 11/8/2010. R&R flag set. Internal deadline for referral to district judge if objections are not filed earlier: 12/6/2010. (djb)

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