MYERS v. JONES

Filing 61

ORDER ADOPTING 50 REPORT AND RECOMMENDATION. The amended petition for writ of habeas corpus filed by Petitioner Eric Scott Myers (ECF No. 12 ) pursuant to 28 U.S.C. § 2254 is DENIED as to all claims except Grounds 20, 21, 24, 25, 26, 27, 28, 31, 33, 36 and 38, which are DISMISSED without prejudice. A certificate of appealability is DENIED and leave to appeal in forma pauperis is DENIED. The Clerk shall close the file. Signed by SENIOR JUDGE LACEY A COLLIER on 9/5/2019. (sdw)

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

ERIC SCOTT MYERS,
Petitioner,
v.

Case No. 3:18cv223-LC/CAS

MARK S. INCH, Secretary,
Florida Department of Corrections,
Respondent.
_______________________________/
ORDER
This cause comes on for consideration upon the Report and
Recommendation of the United States Magistrate Judge (ECF No. 50)
dated May 14, 2019, recommending that the amended petition for writ of
habeas corpus (ECF No. 12) filed pursuant to 28 U.S.C. § 2254 be denied
in part and dismissed in part. The parties have been furnished a copy of
the Report and Recommendation and have been afforded an opportunity to
file objections. I have made a de novo determination of the objections filed.
Having considered the report and recommendation and the
objections thereto, I have determined that the Report and Recommendation
should be adopted.
Accordingly, it is ORDERED as follows:

Page 2 of 2

1. The Report and Recommendation (ECF No. 50) is adopted and
incorporated by reference in this order.
2. The amended petition for writ of habeas corpus filed by Petitioner
Eric Scott Myers (ECF No. 12) pursuant to 28 U.S.C. § 2254 is DENIED as
to all claims except Grounds 20, 21, 24, 25, 26, 27, 28, 31, 33, 36 and 38,
which are DISMISSED without prejudice.
3. A certificate of appealability is DENIED and leave to appeal in
forma pauperis is DENIED.
4. The Clerk shall close the file.
DONE AND ORDERED this 5th day of September, 2019.

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

Case No. 3:18cv223-LC/CAS