Filing 9

ORDER ADOPTING THE MAGISTRATE JUDGE'S 7 REPORT AND RECOMMENDATION. The petition for writ of habeas corpus, (ECF No. 1 ), is DISMISSED and a certificate of appealability is DENIED.. Signed by SENIOR JUDGE LACEY A COLLIER on 7/7/2017. (alb)

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Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION SIDNEY MARTS, Petitioner, v. CASE NO. 3:17-cv-260-LC-GRJ SECRETARY, FLA. DEP’T OF CORRECTIONS, Respondent. _____________________________/ ORDER This cause comes on for consideration upon the magistrate judge's Report and Recommendation dated June 26, 2017, (ECF No. 7), recommending that the Petition be dismissed. Petitioner has been furnished with a copy of the Report and Recommendation and was afforded an opportunity to file objections pursuant to 28 U.S.C. § 636(b)(1). 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 now ORDERED as follows: Page 2 of 2 1. The magistrate judge's Report and Recommendation is adopted and incorporated by reference in this order. 2. The petition for writ of habeas corpus, (ECF No. 1), is DISMISSED. 3. A certificate of appealability is DENIED. DONE AND ORDERED this 7th day of July, 2017. s/L.A. Collier LACEY A. COLLIER UNITED STATES SENIOR DISTRICT JUDGE

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