SETTS v. MCNEIL

Filing 10

ORDER ADOPTING REPORT AND RECOMMENDATION re: 6 Report and Recommendation. This action is DISMISSED. Signed by SENIOR JUDGE MAURICE M PAUL on 10/20/08. (bkp)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION BURT SETTS, Petitioner, v. WALTER A. McNEIL, Respondent. ___________________________/ ORDER This matter is before the Court on Doc. 6, Report and Recommendation of the Magistrate Judge, recommending that Petitioner's petition for writ of habeas corpus, Doc. 1, be denied as an unauthorized second or successive petition. The Report was filed on Wednesday, September 17, 2008. Pursuant to Title 28, United States Code, Section 636(b)(1), this Court must make a de novo review of those portions of the Report to which an objection has made. Petitioner has filed objections, Doc. 9, which the Court has reviewed. The Court agrees with the Magistrate that Petitioner has failed to meet the requirements of the Antiterrorism and Effective Death Penalty Act for filing a second or successive � 2254 petition. Accordingly, it is hereby ORDERED AND ADJUDGED: 1. 2. The Report and Recommendation of the Magistrate Judge, Doc. 6, is adopted and incorporated herein. This action is DISMISSED, and the clerk is directed to close the file. 20th day of October, 2008 CASE NO. 4:08-cv-00367-MP-WCS

DONE AND ORDERED this

s/Maurice M. Paul
Maurice M. Paul, Senior District Judge