WHITE v. BUSS

Filing 42

ORDER adopting 40 Report and Recommendation. Signed by SENIOR JUDGE MAURICE M PAUL on 12/12/2012. The amended petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 (doc. 26 ) is DENIED. A certificate of appealability is DENIED pursuant to Rule 11(a) of the Rules Governing Section 2254 Cases in the U.S. District Courts. (kdm)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION
DEXTER W WHITE,
Petitioner,
v.

CASE NO. 4:11-cv-00173-MP-CAS

KENNETH S. TUCKER, Secretary,
Florida Department of Corrections
Respondent.
_____________________________/
ORDER
This cause comes on for consideration upon the Magistrate Judge's Report and
Recommendation dated October 18, 2012. (Doc. 40). The parties have been furnished a copy of
the Report and Recommendation and have been afforded an opportunity to file objections
pursuant to Title 28, United States Code, Section 636(b)(1). I have made a de novo
determination of any timely filed objections.
Having considered the Report and Recommendation, and any objections thereto timely
filed, I have determined that the Report and Recommendation should be adopted.
Accordingly, it is hereby ORDERED AND ADJUDGED:
1.

The magistrate judge’s Report and Recommendation is adopted and incorporated
by reference in this order.

2.

The amended petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254
(doc. 26) is DENIED.

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3.

A certificate of appealability is DENIED pursuant to Rule 11(a) of the Rules
Governing Section 2254 Cases in the U.S. District Courts.

DONE AND ORDERED this

12th day of December, 2012

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

Case No: 4:11-cv-00173-MP-CAS