WRIGHT v. BUSS

Filing 41

ORDER ADOPTING 39 REPORT AND RECOMMENDATION. The Petitioner's amended § 2254 petition (Doc. 7 ) is DENIED. The Petitioner's motion for summary judgment (Doc. 33 ) is DENIED. The certificate of appealability is DENIED because Petitioner did not make a substantial showing of the denial of a constitutional right. The clerk is directed to close the file. Signed by JUDGE RICHARD SMOAK on 10/16/2013. (jcw)

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IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION HARRY MICHAEL WRIGHT, Petitioner, v. CASE NO. 4:11-cv-4-RS-CAS MICHAEL D. CREWS, Secretary, Florida Department of Corrections, Respondent. _________________________________/ ORDER Before me are the Magistrate Judge’s Report and Recommendation (Doc. 39) and Petitioner’s Objections (Doc. 40). I have reviewed the objections de novo. IT IS ORDERED: 1. The Magistrate Judge’s Report and Recommendation is approved and incorporated in this Order. 2. The Petitioner’s amended § 2254 petition (Doc. 7) is DENIED. 3. The Petitioner’s motion for summary judgment (Doc. 33) is DENIED. 4. The certificate of appealability is DENIED because Petitioner did not make a substantial showing of the denial of a constitutional right. 5. The clerk is directed to close the file. ORDERED on October 16, 2013. /S/ Richard Smoak RICHARD SMOAK UNITED STATES DISTRICT JUDGE

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