SMITH v. CREWS

Filing 34

ORDER adopting and incorporating by reference, the Chief Magistrate Judge's 31 REPORT AND RECOMMENDATION. Respondent's motion to dismiss (doc. 18 ) is GRANTED IN PART as follows: a. Respondent's motion is GRANTED as to Grounds One through Five, Nine through Eleven, and Thirteen of Petitioner's habeas petition (doc. 1 ); and b. Respondent motion to dismiss is DENIED without prejudice as to Ground Twelve of Petitioner's habeas petition. Grounds One through Eleven and Thirteen of Petitioner's habeas petition (doc. 1 ) are DISMISSED with prejudice. The matter is hereby remanded to the assigned magistrate judge for further proceedings on Ground Twelve of Petitioner's habeas petition. Signed by CHIEF JUDGE M CASEY RODGERS on 02/09/2015. (MB)

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
KAYLE SMITH,
Petitioner,
v.

Case No.: 3:14cv195/MCR/EMT

JULIE L. JONES,
Respondent.
_______________________________/
ORDER
This cause comes on for consideration upon the chief magistrate judge’s Report and
Recommendation dated January 13, 2015. (Doc. 31). 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 any timely filed objections.
Having considered the Report and Recommendation, and any objections thereto
timely filed, I have determined that the Report and Recommendation should be adopted.
Accordingly, it is now ORDERED as follows:
1.

The chief magistrate judge’s Report and Recommendation is adopted and

incorporated by reference in this order.
2.

Respondent’s motion to dismiss (doc. 18) is GRANTED IN PART as follows:
a.

Respondent’s motion is GRANTED as to Grounds One through Five,

Nine through Eleven, and Thirteen of Petitioner’s habeas petition (doc. 1); and
b.

Respondent motion to dismiss is DENIED without prejudice as to

Ground Twelve of Petitioner’s habeas petition.
3.

Grounds One through Eleven and Thirteen of Petitioner’s habeas petition

(doc. 1) are DISMISSED with prejudice.

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4.

The matter is hereby remanded to the assigned magistrate judge for further

proceedings on Ground Twelve of Petitioner’s habeas petition.
DONE AND ORDERED this 9th day of February 2015.

s/

M. Casey Rodgers

M. CASEY RODGERS
CHIEF UNITED STATES DISTRICT JUDGE

Case No.: 3:14cv195/MCR/EMT