GRIEGO v. JONES

Filing 66

ORDER adopting 60 REPORT AND RECOMMENDATION. The petition for writ of habeas corpus filed by Petitioner Anthony Rogelio Griego (ECF No. 7 ) pursuant to 28 U.S.C. § 2254 as to Grounds 1 through 9 is DENIED. Ground 10 of the amended petition is DISMISSED for lack of jurisdiction. Petitioners motion to conduct discovery, for financial assistance to hire an expert, for appointment of counsel, and to supplement the record (ECF No. 58 ) is DENIED. A certificate of appealability and leave to appeal in forma pauperis are DENIED. The Clerk shall enter judgment and close the file. Signed by SENIOR JUDGE LACEY A COLLIER on 8/26/2019. (MB)

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION

ANTHONY ROGELIO GRIEGO,
Petitioner,
v.

Case No. 3:17cv66-LC/CAS

MARK S. INCH, Secretary,
Florida Department of Corrections,
Respondent.
______________________________/
ORDER
This cause comes on for consideration upon the Report and
Recommendation of the United States Magistrate Judge (ECF No. 60)
dated July 1, 2019, recommending that the petition for writ of habeas
corpus filed pursuant to 28 U.S.C. § 2254 be denied in part and dismissed
in part. 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.
Having considered the report and recommendation and the
objections thereto, I have determined that the report and recommendation
should be adopted.
Accordingly, it is ORDERED as follows:

Page 2 of 2

1. The Report and Recommendation (ECF No. 60) is adopted and
incorporated by reference in this order.
2. The petition for writ of habeas corpus filed by Petitioner Anthony
Rogelio Griego (ECF No. 7) pursuant to 28 U.S.C. § 2254 as to Grounds 1
through 9 is DENIED.
3. Ground 10 of the amended petition is DISMISSED for lack of
jurisdiction.
4. Petitioner’s motion to conduct discovery, for financial assistance to
hire an expert, for appointment of counsel, and to supplement the record
(ECF No. 58) is DENIED.
5. A certificate of appealability and leave to appeal in forma pauperis
are DENIED.
4. The Clerk shall enter judgment and close the file.
DONE AND ORDERED this 26th day of August, 2019.

s/ L.A. Collier
LACEY A. COLLIER
SENIOR UNITED STATES DISTRICT JUDGE

Case No. 3:17cv66-LC/CAS