MARTS v. MCNEIL

Filing 45

ORDER adopting 42 REPORT AND RECOMMENDATION. Respondent's 37 Motion to Dismiss is GRANTED. The 10 Amended Petition for Writ of Habeas Corpus is DISMISSED without prejudice to Petitioner's filing a second amended petition. This matter is referred to the assigned magistrate judge for issuance of an order directing Petitioner to file a second amended petition. Signed by SENIOR JUDGE LACEY A COLLIER on June 1, 2011. (pmc)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
SIDNEY MARTS,
Petitioner,
vs.

Case No. 3:10cv240/LAC/EMT

EDWIN G. BUSS,
Respondent.
___________________________________/

ORDER

This cause comes on for consideration upon the magistrate judge’s Report and
Recommendation dated May 20, 2011 (Doc. 42). 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 the
objections filed.
Having considered the Report and Recommendation, and the timely filed objections thereto,
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.

Respondent’s motion to dismiss (Doc. 37) is GRANTED on the ground that the

amended petition fails to properly present grounds demonstrating a basis for habeas relief.
3.

The amended petition for writ of habeas corpus (Doc. 10) is DISMISSED without

prejudice to Petitioner’s filing a second amended petition.
4.

This matter is referred to the assigned magistrate judge for issuance of an order

directing Petitioner to file a second amended petition.
5.

Petitioner is instructed not to file a second amended petition until directed to do so

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by the assigned magistrate judge.

DONE AND ORDERED this 1st day of June, 2011.

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

Case No: 3:10cv240/LAC/EMT