STANLEY v. MCNEIL

Filing 28

ORDER ADOPTING 22 REPORT AND RECOMMENDATION: 1 Petition for writ of habeas corpus is DENIED. Clerk is directed to close the file. No certificate of appealability will be issued. Signed by SENIOR JUDGE STEPHAN P MICKLE on 9/11/2012. (jws)

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF FLORID
TALLAHASSEE DIVISION
SCOTT A. STANLEY,
Petitioner,
v.

CASE NO.: 4:09CV164-SPM/MD

SECRETARY KENNETH S. TUCKER,
Respondent.
_______________________________/
ORDER
THIS CAUSE comes before the Court for consideration of the magistrate
judge’s report and recommendation (doc. 22) dated July 18, 2012. Petitioner has
filed objections (doc. 27) pursuant to Title 28, United States Code, Section
636(b)(1). Despite the objections, I have determined that the report and
recommendation should be adopted.
The Court agrees with the magistrate judge’s report and recommendation
in its totality. In response to Petitioner’s objection, there is one point to reiterate
regarding the procedurally defaulted claims in Grounds 1 and 3A. Petitioner knew
he had the option to pursue a direct appeal of his conviction, but he chose not to.
See doc. 12 at p. 24. Petitioner made no attempt to raise these issues, either
through appointed counsel or through a supplemental pro se briefing, which he

Page 2 of 2

could have sought leave of court to file. See Hill v. State, 656 So.2d 1271, 1272
(Fla. 1995) (permitting Defendant to file pro se supplemental brief). Based on the
foregoing, it is
ORDERED as follows:
1.

The magistrate judge’s report and recommendation (doc. 22) is

ADOPTED and incorporated by reference in this order.
2.

The petition for writ of habeas corpus (doc. 1) challenging the

conviction and sentence in State of Florida v. Stanley, in the Circuit Court of Leon
County, Florida, case number 05CF03352, is denied. The clerk is directed to
close the file.
3..

No certificate of appealability will be issued because Petitioner has

failed to make a substantial showing of the denial of a constitutional right and
error on the procedural issues
DONE AND ORDERED this 11th day of September, 2012.

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

CASE NO. 4:09cv164-SPMMD