COLESON v. TUCKER

Filing 34

ORDER ADOPTING 31 Report and Recommendation. The 10 amended petition is DENIED. A certificate of appealability is DENIED. Signed by CHIEF JUDGE M CASEY RODGERS on March 25, 2013. (kvg)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
JIMMY EUGENE COLESON,
Petitioner,
vs.

Case No.: 3:12cv96/MCR/EMT

MICHAEL D. CREWS,
Respondent.
_________________________________/
ORDER
This cause comes on for consideration upon the magistrate judge’s Report and
Recommendation dated February 4, 2013 (doc. 31). 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 timely filed objections (see doc. 33).1
Having considered the Report and Recommendation, and any objections thereto
timely filed, 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 amended petition for writ of habeas corpus (doc. 10) is DENIED.

3.

A certificate of appealability is DENIED.

DONE AND ORDERED this 25th day of March, 2013.

M. Casey Rodgers
M. CASEY RODGERS
CHIEF UNITED STATES DISTRICT JUDGE
1

Petitioner filed an Application for Certificate of Appealability to the District Court (doc. 33), which
the court has construed as an objection to the Report and Recom m endation.