SHELEY v. MCNEIL

Filing 6

ORDER ON 3 REPORT AND RECOMMENDATION: Adopting R&R - 1 Petition for Writ of Habeas Corpus is DENIED. A certificate of appealability is DENIED. Signed by SENIOR JUDGE STEPHAN P MICKLE on 1/5/2012. (jws)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION ROBERT P. SHELEY, Petitioner, vs. CASE NO. 4:11-cv-413-SPM/WCS KENNETH S. TUCKER, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, Respondent. _________________________________/ ORDER ADOPTING REPORT AND RECOMMENDATION THIS CAUSE comes before the Court for consideration of the Magistrate Judge’s Report and Recommendation (doc. 3). Petitioner has been afforded an opportunity to file objections. No objections were filed. Upon consideration, I have determined that the Report and Recommendation is correct and should be adopted. Accordingly, it is hereby ORDERED and ADJUDGED as follows: 1. The Magistrate Judge’s Report and Recommendation (doc. 3) is adopted and incorporated by reference into this order. 2. The Petition for a Writ of Habeas Corpus (doc. 1) is denied. 3. A certificate of appealability is denied. DONE AND ORDERED this 5th day of January, 2012. S/ Stephan P. Mickle Stephan P. Mickle Senior United States District Judge 2

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