POLYCARPE v. MCNEIL
Filing
37
ORDER adopting 36 Report and Recommendation and denying 5 Amended Petition for Writ of Habeas Corpus filed by JOSUE POLYCARPE. A certificate of appealability is denied. Signed by SENIOR JUDGE STEPHAN P MICKLE on 12/15/11. (bkp)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION
JOSUE POLYCARPE,
Petitioner,
vs.
CASE NO. 4:08-cv-439-SPM/GRJ
SECRETARY, FLORIDA DEPARTMENT
OF CORRECTIONS,
Respondent.
_______________________________/
ORDER ADOPTING REPORT AND RECOMMENDATION
THIS CAUSE comes before the Court for consideration of the Magistrate
Judge’s Report and Recommendation (doc. 36). Petitioner has been afforded an
opportunity to file objections. No objections were filed. Upon consideration, I
have determined that the Report and Recommendation is correct and should be
adopted.
Accordingly, it is hereby ORDERED and ADJUDGED as follows:
1.
The Magistrate Judge’s Report and Recommendation (doc. 36) is
adopted and incorporated by reference into this order.
2.
The Amended Petition for a Writ of Habeas Corpus (doc. 5) is
denied.
3.
A certificate of appealability is denied.
DONE AND ORDERED this 15th day of December, 2011.
S/ Stephan P. Mickle
Stephan P. Mickle
Senior United States District Judge
2
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