ALLEN v. MCNEIL

Filing 25

ORDER ON REPORT AND RECOMMENDATION: Adopting 24 Report and Recommendation - 14 Second Amended Petition for Writ of Habeas Corpus is DENIED WITH PREJUDICE. Certificate of Appealability is DENIED. Signed by SENIOR JUDGE MAURICE M PAUL on 6/24/2011. (jws)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION
JACK ALLEN,
Petitioner,
v.

CASE NO. 4:09-cv-00085-MP-WCS

WALTER MCNEIL,
Respondent.
_____________________________/
ORDER
This matter is before the Court on Doc. 24, Report and Recommendation of the
Magistrate Judge, which recommends that petition for writ of habeas corpus filed by Jack Allen
pursuant to 28 U.S.C. § 2254 challenging his conviction for sexual battery in the Circuit Court of
the Second Judicial Circuit, in and for Gadsden County, Florida, case number 2005-CF-375, be
denied with prejudice and that a certificate of appealability be denied pursuant to § 2254 Rule
11(a). Petitioner has not objected to the recommendation, and the time for doing so has passed.
Finding no plain error, it is accordingly
ORDERED AND ADJUDGED:
1.

The Report and Recommendation of the Magistrate Judge, Doc. 24, is
ACCEPTED and incorporated herein.

2.

Second Amended Petition for Writ of Habeas Corpus, Doc.14, is DENIED with
prejudice.

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3.

Certificate of Appealability is DENIED pursuant to § 2254 Rule 11(a).

DONE AND ORDERED this

24th day of June, 2011

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

Case No: 4:09-cv-00085-MP-WCS