MARTS v. MCNEIL

Filing 79

ORDER adopting 73 Report and Recommendation. The second amended petition for writ of habeas corpus (doc. 47 ) is DENIED. Petitioner's "Motion for Evidentiary Hearing w/ Motion for Judgment [sic] on Pleadings" (doc. 71 ) is DENIED. The Motion for Certificate of Appealability (doc. 76 ) is DENIED and a certificate of appealability is DENIED. Signed by SENIOR JUDGE LACEY A COLLIER on May 17, 2012. (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

KENNETH S. TUCKER,
Respondent.
___________________________________/
ORDER
This cause comes on for consideration upon the magistrate judge’s Report and
Recommendation dated April 16, 2012 (doc. 73). 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 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.

The second amended petition for writ of habeas corpus (doc. 47) is DENIED.

3.

Petitioner’s “Motion for Evidentiary Hearing w/ Motion for Judgment [sic] on

Pleadings” (doc. 71) is DENIED.

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4.

The Motion for Certificate of Appealability (doc. 76) is DENIED and a certificate

of appealability is DENIED.
DONE AND ORDERED this 17th day of May, 2012.

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

Case No: 3:06cv2/LAC/EMT