FAILS v. DEPARTMENT OF CORRECTIONS

Filing 12

ORDER adopting Magistrate Judge's 10 REPORT AND RECOMMENDATION. The § 2254 petition for writ of habeas corpus (ECF No. 1 ) is DISMISSED. A certificate of appealability is DENIED and leave to appeal in forma pauperis is also DENIED. Signed by CHIEF JUDGE M CASEY RODGERS on 05/11/2017. (MB)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
ANTHONY J. FAILS,
Petitioner,
v.

Case No. 3:17cv166-MCR/CAS

DEPARTMENT OF CORRECTIONS,
Respondent.
/
ORDER
This matter is before the Court on the Report and Recommendation of
the United States Magistrate Judge (ECF No. 10) that the case be dismissed.
The parties have been furnished a copy of the Report and Recommendation
and have been afforded an opportunity to file objections pursuant 28 U.S.C.
§ 636(b)(1). The Court has made a de novo determination of the timely-filed
objections (ECF No. 11).
Having considered the Report and Recommendation, and the
objections filed thereto, the Court has determined the Report and
Recommendation should be adopted.
Accordingly, it is now ORDERED as follows:
1. The Report and Recommendation (ECF No. 10) is adopted and
incorporated by reference in this Order.

2. The § 2254 petition for writ of habeas corpus (ECF No. 1) is
DISMISSED.
3. A certificate of appealability is DENIED and leave to appeal in
forma pauperis is also DENIED.
DONE AND ORDERED this 11th day of May, 2017.

s/

M. Casey Rodgers

M. CASEY RODGERS
CHIEF UNITED STATES DISTRICT JUDGE