CANNON v. SECRETARY DEPARTMENT OF CORRECTIONS et al

Filing 26

ORDER adopting Magistrate Judge's 24 Report and Recommendation. Respondent's 21 Motion to Dismiss is GRANTED. The 1 Petition for Writ of Habeas Corpus, challenging Petitioner's judgment of conviction and sent ence in State of Florida v. Kimberly Mary Cannon in the Circuit Court for Santa Rosa County, Florida, Case No. 08-CF-0854, 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 06/10/2014. (MB)

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
KIMBERLY M. CANNON,
Petitioner,
v.

Case No. 3:13cv474/MCR/CJK

SECRETARY, DEPARTMENT OF
CORRECTIONS,
Respondent.
____________________________/
ORDER
This cause comes on for consideration upon the Magistrate Judge’s Report and
Recommendation dated May 27, 2014. (Doc. 24). 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 all timely objections (see doc. 25). Having considered
the Report and Recommendation and all objections thereto timely filed, the Court finds that
the Report and Recommendation should be adopted.
Accordingly:
1.

The Magistrate Judge’s Report and Recommendation (doc. 24) is adopted

and incorporated by reference in this Order.
2.

Respondent’s motion to dismiss (doc. 21) is GRANTED.

3.

The Petition for Writ of Habeas Corpus (doc. 1), challenging Petitioner’s

judgment of conviction and sentence in State of Florida v. Kimbery Mary Cannon in the
Circuit Court for Santa Rosa County, Florida, Case No. 08-CF-0854, is DISMISSED WITH
PREJUDICE.

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4.

The Clerk is directed to close the file.

5.

A certificate of appealability is DENIED.

DONE AND ORDERED this 10th day of June, 2014.

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

Case No: 3:13cv474/MCR/CJK