SIMMONS v. CREWS
Filing
23
ORDER adopting Magistrate Judge's 20 REPORT AND RECOMMENDATION. Respondent's 16 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. Jaworski Lee Simmons in the Circuit Court for Escambia County, Florida, Case No. 09-CF-5908, is DISMISSED WITH PREJUDICE. Clerk is directed to close the file. Signed by CHIEF JUDGE M CASEY RODGERS on 09/04/2015. (MB)
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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
JAWORSKI LEE SIMMONS,
Petitioner,
v.
Case No. 3:14cv374/MCR/CJK
JULIE L. JONES,
Respondent.
/
ORDER
This cause comes on for consideration upon the magistrate judge’s Report and
Recommendation dated June 26, 2015. (Doc. 20). 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 all objections thereto
timely filed, I have determined that the Report and Recommendation should be adopted.
Accordingly, it is ORDERED:
1. The magistrate judge’s Report and Recommendation (doc. 20) is adopted and
incorporated by reference in this order.
2. Respondent’s motion to dismiss (doc. 16) 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. Jaworski Lee Simmons in the Circuit Court
for Escambia County, Florida, Case No. 09-CF-5908, is DISMISSED WITH PREJUDICE.
4. The clerk is directed to close the file.
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5. A certificate of appealability is DENIED.
DONE AND ORDERED this 4th day of September, 2015.
s/
M. Casey Rodgers
M. CASEY RODGERS
CHIEF UNITED STATES DISTRICT JUDGE
Case No: 3:14cv374/MCR/CJK
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