SMITH v. JONES

Filing 20

ORDER ADOPTING 16 REPORT AND RECOMMENDATION. Respondent's motion to dismiss (doc. 12 ) is GRANTED The petition for writ of habeas corpus (doc. 1 ), challenging petitioner's judgment of conviction and sentence in Stat e of Florida v. Charles Milton Smith, Santa Rosa County Circuit Court Case No. 2014-CF-1135, is DISMISSED WITH PREJUDICE. The clerk is directed to close the file. A certificate of appealability is DENIED. Signed by SENIOR JUDGE ROGER VINSON on 2/8/2018. (sdw)

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
CHARLES M. SMITH,
Petitioner,
v.

Case No. 3:17cv159/RV/CJK

JULIE JONES,
Respondent.
____________________/
ORDER
This cause comes on for consideration upon the Magistrate Judge’s Report and
Recommendation dated January 9, 2018. (Doc. 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 those portions to which an objection has been made.
Having considered the Report and Recommendation and the objections thereto
timely filed (doc. 19), I have determined that the Report and Recommendation should
be adopted.
Accordingly, it is ORDERED:
1. The Magistrate Judge’s Report and Recommendation (doc. 16) is adopted
and incorporated by reference in this order.

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2. Respondent’s motion to dismiss (doc. 12) is GRANTED
3. The petition for writ of habeas corpus (doc. 1), challenging petitioner’s
judgment of conviction and sentence in State of Florida v. Charles Milton Smith,
Santa Rosa County Circuit Court Case No. 2014-CF-1135, is DISMISSED WITH
PREJUDICE.
4. The clerk is directed to close the file.
5. A certificate of appealability is DENIED.
ORDERED on this 8th day of February, 2018.
/s/ Roger Vinson
ROGER VINSON
SENIOR UNITED STATES DISTRICT JUDGE

Case No: 3:17cv159/RV/CJK