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)

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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 2

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