STALLWORTH v. FLORIDA ATTORNEY GENERAL et al

Filing 27

ORDER adopting Magistrate Judge's 17 REPORT AND RECOMMENDATION. The petition under 28 U.S.C. § 2254, challenging the conviction in State v. Stallworth, 1998-CF-3148, in the First Judicial Circuit, in and for Escambia County, Florida, ECF No. 1 , is DENIED without an evidentiary hearing. A certificate of appealability is DENIED. The Clerk is directed to close the file. Signed by SENIOR JUDGE LACEY A COLLIER on 1/6/2021. (mb)

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Case 3:19-cv-04946-LC-HTC Document 27 Filed 01/06/21 Page 1 of 2 Page 1 of 2 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION CHRISTOPHER STALLWORTH, Petitioner, v. Case No. 3:19cv4946-LC-HTC SECRETARY FDOC, Respondent. / ORDER This cause comes on for consideration upon the magistrate judge’s Report and Recommendation dated September 9, 2020 (ECF No. 17). The parties have been furnished a copy of the Report and Recommendation and have been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 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 magistrate judge’s Report and Recommendation is adopted and incorporated by reference in this order. Case 3:19-cv-04946-LC-HTC Document 27 Filed 01/06/21 Page 2 of 2 Page 2 of 2 2. The petition under 28 U.S.C. § 2254, challenging the conviction in State v. Stallworth, 1998-CF-3148, in the First Judicial Circuit, in and for Escambia County, Florida, ECF No. 1, is DENIED without an evidentiary hearing. 3. A certificate of appealability is DENIED. 4. The Clerk is directed to close the file. DONE AND ORDERED this 6th day of January, 2021. s/L.A. Collier LACEY A. COLLIER SENIOR UNITED STATES DISTRICT JUDGE Case No. 3:19cv4946-LC-HTC

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