WICKBOLDT v. JONES

Filing 25

ORDER ADOPTING 23 REPORT AND RECOMMENDATION. Respondent's motion to dismiss, ECF No. 17 , is GRANTED. The petition for writ of habeas corpus, ECF No. 1 , challenging petitioner's judgment of conviction and sentence i n State of Florida v. Alvah Tyson Wickboldt, Escambia County Circuit Court Case No. 10-CF-3218, is DISMISSED WITH PREJUDICE. The clerk is directed to close the file. A certificate of appealability is DENIED. Signed by CHIEF JUDGE M CASEY RODGERS on 5/12/2017. (sdw)

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
ALVAH T. WICKBOLDT,
Petitioner,
v.

Case No. 3:16cv217/MCR/CJK

JULIE JONES,
Respondent.
_______________________/
ORDER
This cause comes before the Court on consideration of the Magistrate
Judge’s Report and Recommendation dated April 13, 2017. ECF No. 23. 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). The Court has 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, the Court has determined that the Report and Recommendation
should be adopted.

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Accordingly, it is ORDERED:
1. The Magistrate Judge’s Report and Recommendation, ECF No. 23, is
adopted and incorporated by reference in this Order.
2. Respondent’s motion to dismiss, ECF No. 17, is GRANTED.
3.

The petition for writ of habeas corpus, ECF No. 1, challenging

petitioner’s judgment of conviction and sentence in State of Florida v. Alvah Tyson
Wickboldt, Escambia County Circuit Court Case No. 10-CF-3218, is DISMISSED
WITH PREJUDICE.
4. The clerk is directed to close the file.
5. A certificate of appealability is DENIED.
DONE AND ORDERED this 12th day of May, 2017.

M. Casey Rodgers
M. CASEY RODGERS
CHIEF UNITED STATES DISTRICT JUDGE

Case No. 3:16cv217/MCR/CJK