JOHNSON v. CREWS

Filing 24

ORDER adopting 22 Report and Recommendation. Respondents motion to dismiss (doc. 19 ) is GRANTED. Petitioner's habeas corpus petition filed under 28 U.S.C. § 2254 (doc. 1 ) is DISMISSED for lack of subject-matter jurisdiction. The Clerk is directed to close the file. A certificate of appealability is DENIED. Signed by SENIOR JUDGE ROGER VINSON on November 8, 2013. (pmc)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
ZEDERRICK O. JOHNSON,
Petitioner,
vs.

Case No. 3:12cv392/RV/CJK

MICHAEL D. CREWS,
Respondent.
____________________________________________________________________
ORDER
This cause comes on for consideration upon the magistrate judge’s Report and
Recommendation dated October 7, 2013. (Doc. 22). 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 those portions to which an objection has been made.
Having considered the Report and Recommendation and the objections thereto
timely filed (doc. 23), I have determined that the Report and Recommendation should
be adopted.
Accordingly, it is ORDERED:
1. The magistrate judge’s Report and Recommendation (doc. 22) is adopted
and incorporated by reference in this order.

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2. Respondent’s motion to dismiss (doc. 19) is GRANTED.
3. Petitioner’s habeas corpus petition filed under 28 U.S.C. § 2254 (doc. 1) is
DISMISSED for lack of subject-matter jurisdiction.
4. The Clerk is directed to close the file.
5. A certificate of appealability is DENIED.
DONE AND ORDERED this 8th day of November, 2013.

/s/ Roger Vinson
ROGER VINSON
SENIOR UNITED STATES DISTRICT JUDGE

Case No: 3:12cv392/RV/CJK