NELSON v. DEPARTMENT OF CORRECTIONS

Filing 17

ORDER ADOPTING REPORT AND RECOMMENDATION re: 15 Report and Recommendation. The § 2254 petition as amended (docs. 1 and 10), challenging the sentence imposed by the Second Judicial Circuit, Leon County, following the revocation of probation or community control in case number 200-2587, is summarily dismissed. Signed by CHIEF JUDGE STEPHAN P MICKLE on 1/11/10. (bkp)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION ERNEST HOWARD NELSON, a.k.a. ABDULL SHAIKH SHABAZ, Petitioner, v. WALTER MCNEIL, Respondent. ______________________________/ ORDER THIS CAUSE comes before the Court for consideration of the magistrate judge's report and recommendation (doc. 15) dated September 25, 2009. Petitioner has filed objections (doc. 16) pursuant to Title 28, United States Code, Section 636(b)(1). Upon review, I have determined that the report and recommendation should be adopted. Accordingly, it is hereby ORDERED as follows: 1. The magistrate judge's report and recommendation (doc. 15) is CASE NO. 4:09cv157-SPM/WCS

ADOPTED and incorporated by reference in this order. 2. The § 2254 petition as amended (docs. 1 and 10), challenging the

sentence imposed by the Second Judicial Circuit, Leon County, following the

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revocation of probation or community control in case number 200-2587, is summarily dismissed. DONE AND ORDERED this 11th day of January, 2010.

s/ Stephan P. Mickle
Stephan P. Mickle Chief United States District Judge

CASE NO. 4:09cv157-SPM/WCS