GAMEZ v. BUSS

Filing 33

ORDER ADOPTING THE MAGISTRATE JUDGE'S 30 REPORT AND RECOMMENDATION - The petitioner's second amended petition for writ of habeas corpus (doc. 11 ) is DENIED. The petitioner's motion (doc. 31 ) for a certificate of appealability is DENIED for the reasons stated in the magistrate judge's report and recommendation. Leave to appeal in forma pauperis is DENIED. The clerk shall enter judgment stating: "Petitioner's petition for writ of habeascorpus is DENIED." Signed by SENIOR JUDGE WILLIAM STAFFORD on 11/7/2013. (tdl)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION

RAUL GAMEZ,
Petitioner,
v.

4:11cv114-WS

MICHAEL D. CREWS, Secretary,
Florida Department of Corrections,
Respondent.

ORDER ADOPTING THE MAGISTRATE JUDGE’S
REPORT AND RECOMMENDATION
Before the court is the magistrate judge's report and recommendation docketed
October 21, 2013. See Doc. 30. The magistrate judge recommends that the
petitioner's second amended petition for writ of habeas corpus be denied. The
petitioner has filed objections (doc. 32) to the magistrate judge’s report and
recommendation.
Upon review of the record in light of the petitioner's objections, the court has
determined that the magistrate judge's report and recommendation should be adopted.
Accordingly, it is ORDERED:
1. The magistrate judge's report and recommendation (doc. 30) is hereby
ADOPTED and incorporated by reference into this order.
2. The petitioner's second amended petition for writ of habeas corpus (doc. 11)
is DENIED.

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3. The petitioner's motion (doc. 31) for a certificate of appealability is DENIED for
the reasons stated in the magistrate judge's report and recommendation.
4. Leave to appeal in forma pauperis is DENIED.
5. The clerk shall enter judgment stating: "Petitioner's petition for writ of habeas
corpus is DENIED."
DONE AND ORDERED this

7th

day of

November

, 2013.

s/ William Stafford
WILLIAM STAFFORD
SENIOR UNITED STATES DISTRICT JUDGE

Case No. 4:11cv114-WS