CARTER v. DEPARTMENT OF CORRECTIONS
Filing
24
ORDER ADOPTING 21 REPORT AND RECOMMENDATION. The Clerk shall enter judgment stating, "Respondent's motion to dismiss (ECF No. 19 ) is GRANTED and the petition for writ of habeas corpus (ECF No. 4 ) is DISMISSED. Any certificate of appealability is DENIED and leave to appeal in forma pauperis is also DENIED." The Clerk shall close the file. Signed by SENIOR JUDGE LACEY A COLLIER on 5/16/2019. (sdw)
IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
LANCE CARTER,
Petitioner,
v.
Case No. 3:18cv159-LC/CAS
SECRETARY, FLORIDA
DEPARTMENT OF CORRECTIONS,
Respondent.
/
ORDER
This matter is before the Court on the Report and Recommendation
of the U.S. Magistrate Judge dated January 24, 2019 (ECF No. 21), that
Respondent’s motion to dismiss (ECF No. 19) be granted and the petition
for writ of habeas corpus (ECF No. 4), filed pursuant to 28 U.S.C. § 2254,
be dismissed. The parties have been furnished a copy of the Report and
Recommendation and have been afforded an opportunity to file objections
pursuant 28 U.S.C. § 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 now ORDERED as follows:1. The Report and
Recommendation (ECF No. 21) is adopted and incorporated by reference
in this order.
2. The Clerk shall enter judgment stating, “Respondent’s motion to
dismiss (ECF No. 19) is GRANTED and the petition for writ of habeas
corpus (ECF No. 4) is DISMISSED. Any certificate of appealability is
DENIED and leave to appeal in forma pauperis is also DENIED.”
3. The Clerk shall close the file.
DONE AND ORDERED on this 16th day of May, 2019.
s/L.A. Collier
LACEY A. COLLIER
SENIOR UNITED STATES DISTRICT JUDGE
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?