MCMILLAN v. JONES

Filing 41

ORDER adopting Magistrate Judge's 3 REPORT AND RECOMMENDATION. The amended petition under 28 U.S.C. § 2254, challenging the conviction in State v. McMillan, 2013-CF-0729, in the First Judicial Circuit, in and for Santa Rosa County, Florida, ECF Doc. 7 , is DENIED without an evidentiary hearing. A certificate of appealability is DENIED. The clerk of court is directed to enter judgment accordingly and close this case. Signed by SENIOR JUDGE LACEY A COLLIER on 1/6/2021. (mb)

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UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION

VANCE AURIS MCMILLAN,
Petitioner,
v.

Case No. 3:17cv876-LC-HTC

MARK S INCH,
Respondent.
______________________/
ORDER
The magistrate judge issued a Report and Recommendation on October 8,
2020 (ECF No. 35).

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). 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 the Report and Recommendation should be adopted.
Accordingly, it is ORDERED:
1.

The magistrate judge’s Report and Recommendation (ECF No. 35) is

adopted and incorporated by reference in this order.

Case No. 3:17cv876-LC-HTC

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2.

The amended petition under 28 U.S.C. § 2254, challenging the

conviction in State v. McMillan, 2013-CF-0729, in the First Judicial Circuit, in and
for Santa Rosa County, Florida, ECF Doc. 7, is DENIED without an evidentiary
hearing.
3.

A certificate of appealability is DENIED.

4.

The clerk of court is directed to enter judgment accordingly and close

this case.
DONE AND ORDERED this 6th day of January, 2021.

s/L.A. Collier
LACEY A. COLLIER
SENIOR UNITED STATES DISTRICT JUDGE

Case No. 3:17cv876-LC-HTC