MARCHESE v. STATE HOSPITAL FLORIDA

Filing 11

ORDER adopting Magistrate Judge's 8 REPORT AND RECOMMENDATION. Respondent's motion to dismiss, ECF No. 7 , is GRANTED. The § 2254 petition for writ of habeas corpus, ECF No. 1 , is DISMISSED. A certificate of appealability is DENIED and leave to appeal in forma pauperis is also DENIED. Signed by JUDGE M CASEY RODGERS on 11/19/2018. (MB)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
CHERYL LOUISE MARCHESE,
Petitioner,
v.

CASE NO. 3:18cv544-MCR/CAS

FLORIDA STATE HOSPITAL,
Respondent.

/
ORDER

This matter is before the Court on the Report and Recommendation of the
U.S. Magistrate Judge dated October 19, 2018. ECF No. 8. 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). I have made a de
novo determination of any objections timely filed.
Having considered the Report and Recommendation, and any objections
filed thereto, I have determined the Report and Recommendation should be
adopted.
Accordingly, it is now ORDERED as follows:
1. The Report and Recommendation, ECF No. 8, is adopted and
incorporated by reference in this Order.

2. Respondent’s motion to dismiss, ECF No. 7, is GRANTED.
3. The § 2254 petition for writ of habeas corpus, ECF No. 1, is
DISMISSED.
4. A certificate of appealability is DENIED and leave to appeal in forma
pauperis is also DENIED.
DONE AND ORDERED this 19th day of November 2018.

M. Casey Rodgers

s/
M. CASEY RODGERS
UNITED STATES DISTRICT JUDGE