HORN v. INCH

Filing 17

ORDER adopting 14 Report and Recommendation. The motion to dismiss (ECF Doc. 11 ) is GRANTED, and the petition for writ of habeas corpus under 28 U.S.C. § 2254 (ECF Doc. 1 ) is DISMISSED WITHOUT PREJUDICE. A certificate of appealability is DENIED. Signed by SENIOR JUDGE LACEY A COLLIER on 10/16/2020. (alb)

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Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION LUTHER ARTHUR HORN, III, Petitioner, v. Case No. 3:20cv5101-LC-HTC MARK S INCH, Respondent. / ORDER This cause comes on for consideration upon the magistrate judge’s Report and Recommendation dated September 15, 2020 (ECF No. 14). 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). I have made a de novo determination of the timely filed objection and its supplement. Having considered the Report and Recommendation, and the objections thereto, I have determined that the Report and Recommendation 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. Page 2 of 2 2. The motion to dismiss (ECF Doc. 11) is GRANTED, and the petition for writ of habeas corpus under 28 U.S.C. § 2254 (ECF Doc. 1) is DISMISSED WITHOUT PREJUDICE. 3. A certificate of appealability is DENIED. 4. The Clerk is directed to close the file. DONE AND ORDERED this 16th day of October, 2020. s /L.A. Collier LACEY A. COLLIER SENIOR UNITED STATES DISTRICT JUDGE 3:17cv951-LC-HTC

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