SHUMAKER v. SECRETARY OF THE FLORIDA DEPARTMENT OF CORRECTIONS

Filing 38

ORDER ADOPTING 32 REPORT AND RECOMMENDATION. The petition for writ of habeas corpus (Doc. 1 ), challenging the judgment of conviction and sentence in State of Florida v. Jessie Lee Shumaker, Escambia County Circuit Court Case Nos. 2012-CF-1230, 2012-CF-4987, and 2012-CF-5597, is DENIED. A certificate of appealability is DENIED. The clerk is directed to close this case file. Signed by SENIOR JUDGE ROGER VINSON on 2/7/2020. (sdw)

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
JESSIE LEE SHUMAKER,
Petitioner,
v.

Case No.: 3:17cv546-RV/MJF

SECRETARY OF THE
FLORIDA DEPARTMENT OF CORRECTIONS,
Respondent.
_____________________________________/
ORDER
This cause comes on for consideration upon the Magistrate Judge’s Report
and Recommendation dated December 4, 2019. (Doc. 32). The parties were provided
a copy of the Report and Recommendation and were 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 was made.
Having considered the Report and Recommendation and all objections thereto
timely filed (titled as a “motion”) (doc. 35), I conclude that the Report and
Recommendation should be adopted.

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Accordingly, it is ORDERED:
1.

The Magistrate Judge’s Report and Recommendation (Doc. 32) is

adopted and incorporated by reference in this Order.
2.

The petition for writ of habeas corpus (Doc. 1), challenging the

judgment of conviction and sentence in State of Florida v. Jessie Lee Shumaker,
Escambia County Circuit Court Case Nos. 2012-CF-1230, 2012-CF-4987, and
2012-CF-5597, is DENIED.
3.

A certificate of appealability is DENIED.

4.

The clerk is directed to close this case file.

DONE AND ORDERED this 7th day of February, 2020.

/s/ Roger Vinson
ROGER VINSON
SENIOR UNITED STATES DISTRICT JUDGE

Case No. 3:19cv3199-MCR/MJF