MALONE v. CREWS

Filing 18

ORDER adopting the magistrate judge's 16 Report and Recommendation. The 12 Motion to Dismiss for Lack of Jurisdiction is GRANTED, and this habeas action is DISMISSED for lack of jurisdiction. A certificate of appealability is DENIED. Signed by CHIEF JUDGE M CASEY RODGERS on 6/7/2013. (djb)

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
JOHN HORACE MALONE,
Petitioner,
v.

Case No.: 3:12cv540/MCR/EMT

MICHAEL D. CREWS,
Respondent.
_________________________________/

ORDER
This cause comes on for consideration upon the magistrate judge’s Report and
Recommendation dated May 6, 2013 (doc. 16). 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).

No timely

objections have been filed.1
Having considered the Report and Recommendation, and the record, the court has
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 motion to dismiss (doc. 12) is GRANTED, and this habeas action is

DISMISSED for lack of jurisdiction.

1

The court notes that Petitioner filed a notice of appeal to the Eleventh Circuit from “the final
judgm ent of an order (Report and Recom m endation).” (Doc. 17). This attem pted appeal was prem ature
because the Report and Recom m endation is not a final order, and in any event, the court has found no basis
for granting a certificate of appealability.

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3.

A certificate of appealability is DENIED.

DONE AND ORDERED this 7th day of June, 2013.

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

Case No: 3:12cv540/MCR/EMT