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)

Download PDF
Case 3:17-cv-00876-LC-HTC Document 41 Filed 01/06/21 Page 1 of 2 Page 1 of 2 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 Case 3:17-cv-00876-LC-HTC Document 41 Filed 01/06/21 Page 2 of 2 Page 2 of 2 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

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?