MAYE v. MCNEIL

Filing 55

ORDER ON 51 REPORT AND RECOMMENDATION: Adopting R&R - 16 Amended Petition for Writ of Habeas Corpus is DENIED. Certificate of Appealability is DENIED. Signed by SENIOR JUDGE STEPHAN P MICKLE on 12/28/2011. (jws)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION
EDMUND MAYE,
Petitioner,
vs.

CASE NO. 4:08-cv-577-SPM/GRJ

KENNETH S. TUCKER,
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. 51). Petitioner was furnished a copy
and filed objections (doc. 54).
Upon consideration, and despite the Petitioner’s objections, I have
determined that the Report and Recommendation is correct and should be
adopted. Petitioner’s objections essentially reargue the same points reflected in
the petition and addressed by the Report and Recommendation. Because the
Court fully agrees with the Magistrate Judge’s determination, there is no need to
re-address Petitioner’s arguments as each point is sufficiently addressed in the
Report and Recommendation.

Accordingly, it is hereby ORDERED and ADJUDGED as follows:
1.

The Magistrate Judge’s Report and Recommendation (doc. 51) is
adopted and incorporated by reference into this order.

2.

The Amended Petition for a Writ of Habeas Corpus (doc. 16) is
denied.

3.

A certificate of appealability is denied.

DONE AND ORDERED this 28th day of December, 2011.

S/ Stephan P. Mickle
Stephan P. Mickle
Senior United States District Judge

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