PENTON v. TUCKER

Filing 26

ORDER adopting 23 Report and Recommendation. The resp's 17 motion to dismiss is GRANTED. The 1 petition for writ of habeas corpus challenging pet's judgment of conviction and sentences in State of Florida v. K enneth Tarrell Penton in the Circuit Court for Escambia County, Florida, Case No. 05-1572, is DISMISSED WITH PREJUDICE, and the Clerk is directed to close the file. A certificate of appealability is DENIED. Signed by SENIOR JUDGE ROGER VINSON on May 30, 2013. (kvg)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
KENNETH TARRELL PENTON,
Petitioner,
vs.

3:12cv176/RV/CJK

MICHAEL D. CREWS,
Respondent.
ORDER
This cause comes on for consideration upon the magistrate judge's report and
recommendation dated April 19, 2013. 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). No objections have been
filed.
Having considered the report and recommendation, I have determined that the
report and recommendation should be adopted.
Accordingly, it is now ORDERED:
1.

The magistrate judge’s report and recommendation is adopted and

incorporated by reference in this order.
2.

The respondent’s motion to dismiss (doc. 17) is GRANTED.

3.

The petition for writ of habeas corpus (doc. 1), challenging petitioner’s

judgment of conviction and sentences in State of Florida v. Kenneth Tarrell Penton
in the Circuit Court for Escambia County, Florida, Case No. 05-1572, is DISMISSED
WITH PREJUDICE, and the Clerk is directed to close the file.

4.

A certificate of appealability is DENIED.

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DONE AND ORDERED this 30th day of May, 2013.
/s/ Roger Vinson
ROGER VINSON
SENIOR UNITED STATES DISTRICT JUDGE

Case No: 3:12cv176/RV/CJK