LAY v. SECRETARY FLORIDA DEPARTMENT OF CORRECTIONS
Filing
17
ORDER adopting Magistrate Judge's 15 REPORT AND RECOMMENDATION. Respondent's 11 motion to dismiss is GRANTED, and the § 2254 1 petition for writ of habeas corpus is DISMISSED. A certificate of appealability is DENIED, and leave to appeal in forma pauperis is also DENIED. Signed by CHIEF JUDGE M CASEY RODGERS on 07/27/2015. (MB)
IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
RANDALL LAY,
Petitioner,
vs.
Case No. 3:14cv625-MCR/CAS
SECRETARY, Florida Department
of Corrections,
Respondent.
/
ORDER
This cause comes on for consideration upon the magistrate judge's Report and
Recommendation (Doc. 15). The Plaintiff has previously been furnished a copy of the
Report and Recommendation and has 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 by the parties, I have 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.
Respondent’s motion to dismiss (Doc. 11) is GRANTED, and the
§ 2254 petition for writ of habeas corpus (Doc. 1) is DISMISSED.
3.
A certificate of appealability is DENIED, and leave to appeal in forma
pauperis is also DENIED.
Page 2 of 2
DONE AND ORDERED this 27th day of July, 2015.
s/
M. Casey Rodgers
M. CASEY RODGERS
CHIEF UNITED STATES DISTRICT JUDGE
Case No. 3:14v625-MCR/CAS
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