EVANS v. SANTA ROSA COUNTY FLORIDA

Filing 12

ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION as to 8 Amended Petition for Writ of Habeas Corpus. The magistrate judge's Report and Recommendation is adopted and incorporated be reference in this order. The 8 Petition, is DISMISSED as successive and for failure to exhaust state-court remedies. Certificate of Appealability is DENIED. Signed by SENIOR JUDGE LACEY A COLLIER on 8/16/2017. (alb)

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Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION MICHAEL A EVANS Petitioner, v. CASE NO. 3:17-cv-1-LC-GRJ SANTA ROSA COUNTY, Respondent. _____________________________/ ORDER This cause comes on for consideration upon the magistrate judge’s Report and Recommendation dated June 23, 2017 (ECF No. 9). 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). No objections have been filed. Having considered the Report and Recommendation, 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. The Petition, ECF No. 8, is DISMISSED as successive and for failure to Page 2 of 2 exhaust state-court remedies. A Certificate of Appealability is DENIED. DONE AND ORDERED this 16th day of August, 2017. s/L.A. Collier LACEY A. COLLIER SENIOR UNITED STATES DISTRICT JUDGE

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