DUCHARME v. SECRETARY FLORIDA DEPARTMENT OF CORRECTIONS

Filing 21

ORDER adopting Magistrate Judge's 16 Report and Recommendation. Petition for writ of habeas corpus filed by Daniel Ducharme pursuant to 28 U.S.C. § 2254 (ECF No. 1 ) is DENIED. A certificate of appealability is DENIED and leave to appeal in forma pauperis is also DENIED. Clerk shall enter judgment and close the file. Signed by SENIOR JUDGE LACEY A COLLIER on 04/13/2017. (MB)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION DANIEL DUCHARME, Petitioner, v. Case No. 3:15cv075-LC/CAS SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, Respondent. / ORDER This matter is before the Court on the Report and Recommendation of the U.S. Magistrate Judge dated March 10, 2017 (ECF No. 16). The parties have been furnished a copy of the Report and Recommendation and have been afforded an opportunity to file objections pursuant 28 U.S.C. § 636(b)(1). I have made a de novo determination of the timely filed objections. Having considered the Report and Recommendation, and the objections thereto, I have determined the Report and Recommendation should be adopted. Accordingly, it is now ORDERED as follows: 1. The Report and Recommendation (ECF No. 16) is adopted and incorporated by reference in this order. 2. The petition for writ of habeas corpus filed by Daniel Ducharme pursuant to 28 U.S.C. § 2254 (ECF No. 1) is DENIED. A certificate of appealability is DENIED and leave to appeal in forma pauperis is also DENIED. 3. The Clerk shall enter judgment and close the file. DONE AND ORDERED on this 13th day of April, 2017. s/ L.A. Collier LACEY A. COLLIER SENIOR UNITED STATES DISTRICT JUDGE

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