HYSMITH v. JONES
Filing
22
ORDER ADOPTING 21 REPORT AND RECOMMENDATION. Respondent's 18 Motion to Dismiss is GRANTED. The 1 Petition for Writ of Habeas Corpus challenging petitioner's judgment of conviction and sentence in State of Florida v. George Elmer Hysmith, Santa Rosa County Circuit Court Case No. 2009-CF-355, is DISMISSED WITH PREJUDICE. A certificate of appealability is DENIED. Signed by SENIOR JUDGE LACEY A COLLIER on 11/21/2018. (alb)
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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
GEORGE ELMER HYSMITH,
Petitioner,
v.
Case No. 3:17cv473-LC-CJK
JULIE L. JONES,
Respondent.
________________________/
ORDER
This cause comes on for consideration upon the Magistrate Judge’s Report and
Recommendation dated October 22, 2018. (Doc. 21). The parties were furnished a
copy of the Report and Recommendation and afforded an opportunity to file
objections pursuant to Title 28, United States Code, Section 636(b)(1). No objections
have been filed.
Having considered the Report and Recommendation, I have determined that it
should be adopted.
Accordingly, it is ORDERED:
1. The Magistrate Judge’s Report and Recommendation (doc. 21) is adopted
and incorporated by reference in this order.
2. Respondent’s motion to dismiss (doc. 18) is GRANTED.
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3. The petition for writ of habeas corpus (doc. 1), challenging petitioner's
judgment of conviction and sentence in State of Florida v. George Elmer Hysmith,
Santa Rosa County Circuit Court Case No. 2009-CF-355, is DISMISSED WITH
PREJUDICE.
4. The clerk is directed to close the file.
5. A certificate of appealability is DENIED.
ORDERED on this 21st day of November, 2018.
s/L.A. Collier
LACEY A. COLLIER
SENIOR UNITED STATES DISTRICT JUDGE
Case No: 3:17cv473-LC-CJK
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