HORN v. INCH
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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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
LUTHER ARTHUR HORN, III,
Case No. 3:20cv5101-LC-HTC
MARK S INCH,
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
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:
The magistrate judge’s Report and Recommendation is adopted and
incorporated by reference in this order.
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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.
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
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