FOUNTAIN v. JONES
Filing
25
ORDER ADOPTING 23 MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION and GRANTING Respondents 18 Motion to Dismiss. The 1 petition for writ of habeas corpus is DISMISSED WITH PREJUDICE. A certificate of appealability is DENIED. Signed by SENIOR JUDGE LACEY A COLLIER on 5/29/2018. (alb)
Page 1 of 2
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
FREDDIE FOUNTAIN,
Petitioner,
v.
Case No. 3:17cv211-LC-CJK
FLORIDA DEPARTMENT OF
CORRECTIONS SECRETARY,
Respondent.
_________________________/
ORDER
This cause comes on for consideration upon the Magistrate Judge’s Report and
Recommendation dated May 9, 2018. (Doc. 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). 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,
I have determined that the Report and Recommendation should be adopted.
Accordingly, it is ORDERED:
1. The Magistrate Judge’s Report and Recommendation (doc. 23) is adopted
and incorporated by reference in this order.
Page 2 of 2
2. Respondent’s motion to dismiss (doc. 18) 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. Freddie Dayshen
Fountain, III, Escambia County Circuit Court Case No. 2013-CF-214, is DISMISSED
WITH PREJUDICE.
4. The clerk is directed to close the file.
5. A certificate of appealability is DENIED.
ORDERED on this 29th day of May, 2018.
s/L.A. Collier
LACEY A. COLLIER
SENIOR UNITED STATES DISTRICT JUDGE
Case No: 3:17cv211-LC-CJK
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?