PENTECOST v. CREWS

Filing 18

ORDER. The Magistrate Judge's Report and Recommendation (doc. 17 ) is adopted and incorporated by reference in this order. Respondent's motion to dismiss (doc. 13 ) is GRANTED. The petition for writ of habeas corpus ( doc. 1 ), challenging petitioner's judgment of conviction and sentence in State of Florida v. David Duane Pentecost in the Circuit Court for Escambia County, Florida, Case No. 87-93, is DISMISSED WITH PREJUDICE. The Clerk is directed to close the file. A certificate of appealability is DENIED. Signed by CHIEF JUDGE M CASEY RODGERS on 4/30/2014. (sdw)

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
DAVID PENTECOST,
Petitioner,
v.

Case No. 3:13cv166/MCR/CJK

MICHAEL D. CREWS,
Respondent.
____________________/
ORDER
This cause comes on for consideration upon the Magistrate Judge’s Report and
Recommendation dated March 27, 2014. (Doc. 17). 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). The Court has
made a de novo determination of those portions to which a timely objection has been
made.1
Having considered the Report and Recommendation and all objections thereto
timely filed, the Court has determined that the Report and Recommendation should be
adopted.
Accordingly, it is ORDERED:
1. The Magistrate Judge’s Report and Recommendation (doc. 17) is adopted and
incorporated by reference in this order.
2. Respondent’s motion to dismiss (doc. 13) is GRANTED.
3. The petition for writ of habeas corpus (doc. 1), challenging petitioner’s judgment
1

No tim ely objections have been filed.

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of conviction and sentence in State of Florida v. David Duane Pentecost in the Circuit Court
for Escambia County, Florida, Case No. 87-93, is DISMISSED WITH PREJUDICE.
4. The Clerk is directed to close the file.
5. A certificate of appealability is DENIED.
DONE AND ORDERED this 30th day of April, 2014.

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

Case No: 3:13cv166/MCR/CJK