GREEN v. STATE OF FLORIDA

Filing 27

ORDER adopting the magistrate judge's 23 Report and Recommendation. The 22 Motion to Dismiss is GRANTED. The petition (doc. 1 ) is DISMISSED WITH PREJUDICE. A certificate of appealability is DENIED. The clerk is directed to close the file. Signed by CHIEF JUDGE M CASEY RODGERS on 1/4/2012. (djb)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
RYAN THOMAS GREEN,
Petitioner,
v.

Case No.: 3:10cv418/MCR/MD

KENNETH S. TUCKER,
Respondent.
/
ORDER
This cause comes on for consideration upon the magistrate judge's report and
recommendation dated November 17, 2011. 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 the court
has 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, the court concludes that the report and recommendation should be
adopted.
Accordingly, it is now ORDERED as follows:
1.

The magistrate judge's report and recommendation (doc. 23) is adopted

and incorporated by reference in this order.
2.

The motion to dismiss (doc. 22) is GRANTED.

3.

The petition (doc. 1) is DISMISSED WITH PREJUDICE.

3.

A certificate of appealability is DENIED.

4.

The clerk is directed to close the file.

DONE AND ORDERED this 4th day of January, 2012.

M. Casey Rodgers
M. CASEY ROGERS
CHIEF UNITED STATES DISTRICT JUDGE