NAPOLITANO v. FLA DEPT OF CORRECTIONS

Filing 20

ORDER adopting Chief Magistrate Judge's 16 REPORT AND RECOMMENDATION. The petition for writ of habeas corpus (ECF No. 1) is DENIED. A certificate of appealability is DENIED. (MB)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
NICHOLAS NAPOLITANO,
Petitioner,
vs.

Case No.: 3:15cv456/LAC/EMT

SECRETARY, FLORIDA DEPARTMENT
OF CORRECTIONS,
Respondent.
___________________________________/
ORDER
This cause comes on for consideration upon the chief magistrate judge’s Report
and Recommendation dated November 21, 2016 (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 to Title 28, United States Code, Section
636(b)(1). I have made a de novo determination of the objections filed.
Having considered the Report and Recommendation, and the timely filed
objections thereto, 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.

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2.

The petition for writ of habeas corpus (ECF No. 1) is DENIED.

3.

A certificate of appealability is DENIED.

DONE AND ORDERED this 23rd day of December, 2016.

s /L.A.

Collier

LACEY A. COLLIER
SENIOR UNITED STATES DISTRICT JUDGE

C ase No .: 3 :1 5cv4 56 /L AC/E M T