SHANKLIN v. TUCKER et al

Filing 20

ORDER adopting 19 Report and Recommendation. Resp's 18 motion to dismiss is GRANTED. The 1 28 U.S.C. § 2254 petition for writ of habeas corpus, later 7 amended, challenging the conviction and sentence in State of Florida v. Shanklin in the Circuit Court of Okaloosa County, Florida, case numbers 06-CF-2720, 07-CF-974 and 07-CF-975 be DISMISSED WITH PREJUDICE and the clerk is directed to close the file. Certificate of appealability is DENIED. Signed by SENIOR JUDGE ROGER VINSON on April 23, 2012. (kvg)

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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
TIMOTHY A. SHANKLIN,
Petitioner,
v.

Case No.: 3:11cv357/RV/MD

KENNETH S. TUCKER,
Respondent.
_________________________________/
ORDER
This cause comes on for consideration upon the magistrate judge’s Report and
Recommendation dated March 21, 2012. (Doc. 19). 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.

Respondent's motion to dismiss (doc. 18) is GRANTED.

3.

The 28 U.S.C. § 2254 petition for writ of habeas corpus (doc. 1), later

amended (doc. 7), challenging the conviction and sentence in State of Florida v. Shanklin
in the Circuit Court of Okaloosa County, Florida, case numbers 06-CF-2720, 07-CF-974
and 07-CF-975 be DISMISSED WITH PREJUDICE and the clerk is directed to close the
file.
4.

Certificate of appealability is DENIED.

DONE AND ORDERED this 23rd day of April, 2012.
s/ Roger Vinson
ROGER VINSON
SENIOR UNITED STATES DISTRICT JUDGE