LEE v. INCH et al

Filing 30

ORDER adopting Chief Magistrate Judge's 26 REPORT AND RECOMMENDATION. The Second Amended Petition (ECF No. 21 ) is DISMISSED for lack of jurisdiction, pursuant to 28 U.S.C. § 2244(b). A certificate of appealability is DENIED. The clerk of court is directed to enter judgment in accordance with this order and close the case. Signed by SENIOR JUDGE LACEY A COLLIER on 4/27/2021. (mb)

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UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
RICHARD MICHAEL ANTHONY LEE,
Petitioner,
vs.

Case No.: 3:20cv5702/LAC/EMT

MARK INCH,
Respondent.
___________________________________/
ORDER
The chief magistrate judge issued a Report and Recommendation on March
17, 2021 (ECF No. 26). The parties were furnished a copy of the Report and
Recommendation and 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 objections (ECF No 29).
Having considered the Report and Recommendation and the objections
thereto, I have determined the Report and Recommendation should be adopted.
Accordingly, it is ORDERED:
1.

The chief magistrate judge’s Report and Recommendation (ECF No.

26) is adopted and incorporated by reference in this order.
2.

The Second Amended Petition (ECF No. 21) is DISMISSED for lack

of jurisdiction, pursuant to 28 U.S.C. § 2244(b).

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3.

A certificate of appealability is DENIED.

4.

The clerk of court is directed to enter judgment in accordance with

this order and close the case.
DONE AND ORDERED this 27th day of April, 2021.

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

Case No.: 3:20cv5702/LAC/EMT