CARTER v. SECRETARY FLORIDA DEPARTMENT OF CORRECTIONS

Filing 23

ORDER ADOPTING 19 REPORT AND RECOMMENDATION. The Respondent's motion to dismiss (ECF No. 11 ) is DENIED. The petition for writ of habeas corpus filed by Petitioner Carter pursuant to 28 U.S.C. § 2254 is DENIED. A certificate of appealability and leave to appeal in forma pauperis is also DENIED. The Clerk shall enter judgment and close the file. Signed by SENIOR JUDGE LACEY A COLLIER on 3/17/2017. (sdw)

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
BRANDON CARTER,
Petitioner,
v.

Case No. 3:15cv142-LC/CAS

SECRETARY, Florida
Department of Corrections,
Respondent.
_________________________/
ORDER
This cause comes before the Court on the Report and
Recommendation of the Magistrate Judge (ECF No. 19) dated February 6,
2017, recommending that Respondent’s motion to dismiss contained in its
response (ECF No. 11) be denied and that the petition for writ of habeas
corpus filed pursuant to 28 U.S.C. § 2254 be denied. The parties have
been furnished a copy of the Report and Recommendation and have been
afforded an opportunity to file objections. I have made a de novo
determination of the timely filed objections (ECF No. 22).
Having considered the Report and Recommendation, and the
objections thereto, I have determined that the Report and Recommendation
should be adopted.

Page 2 of 2
Accordingly, it is now ORDERED as follows:
1. The Report and Recommendation (ECF No. 19) is adopted and
incorporated by reference in this order.
2. The Respondent’s motion to dismiss (ECF No. 11) is DENIED.
2. The petition for writ of habeas corpus filed by Petitioner Carter
pursuant to 28 U.S.C. § 2254 is DENIED. A certificate of appealability and
leave to appeal in forma pauperis is also DENIED.
3. The Clerk shall enter judgment and close the file.
DONE AND ORDERED this 17th day of March, 2017.

s/ L.A. Collier
LACEY A. COLLIER
Senior United States District Judge