CURRY v. MCDONOUGH

Filing 30

ORDER ADOPTING REPORT AND RECOMMENDATION 25 Report and Recommendation; DENYING 28 Motion To Expand The Record and Request For An Evidentiary Hearing filed by DEREK CURRY. Signed by JUDGE STEPHAN P MICKLE on 12/09/2008. (kdm)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION DEREK CURRY, Petitioner, v. WALTER A. MCNEIL, Respondent. ______________________/ ORDER THIS CAUSE comes before the Court on the magistrate judge's report and recommendation (doc. 25) dated October 21, 2008. Petitioner has filed objections (docs. 28 and 29) pursuant to Title 28, United States Code, Section 636(b)(1). Having considered the objections, I have determined that the report and recommendation should be adopted. For the reasons explained in the report and recommendation, Petitioner has failed to show that the state court's adjudication was contrary to or involved an unreasonable application of clearly established federal law, or based on an unreasonable determination of the facts, so as to warrant relief. 28 U.S.C. § 2254(d). Accordingly, it is hereby ORDERED as follows: 1. The magistrate judge's report and recommendation (doc. 25) is CASE NO. 4:07cv351-SPM/WCS

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ADOPTED and incorporated by reference in this order. 2. The § 2254 petition, challenging the judgment of the Second

Judicial Circuit, Leon County, Florida, Case Number 2001CFA3803A1 is denied with prejudice. 3. The motion (doc. 28) to expand the record and hold an evidentiary

hearing is denied. DONE AND ORDERED this 9th day of December, 2008.

s/ Stephan P. Mickle
Stephan P. Mickle United States District Judge

CASE NO. 4:08cv351-SPM/WCS