RODAK v. TUCKER

Filing 9

ORDER ADOPTING 8 Report and Recommendation, 1 Petition for Writ of Habeas Corpus filed by RICHARD A RODAK is summarily dismissed without prejudice to refiling when Petitioner has exhausted available state court remedies. A certificate of appealability is denied. Signed by SENIOR JUDGE STEPHAN P MICKLE on 6/15/2012. (atm)

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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION
RICHARD A. RODAK,
Petitioner,
v.

CASE NO. 4:12cv69-SPM/CAS

KENNETH S. TUCKER,
Respondent.
________________________/

ORDER
THIS CAUSE comes before the court on the magistrate judge’s report and
recommendation dated May 9, 2012 (doc. 8). Petitioner has been afforded an
opportunity to file objections pursuant to Title 28, United States Code, Section
636(b)(1). No objections have been filed.
I have determined that the report and recommendation should be adopted.
Accordingly, it is hereby ORDERED as follows:
1.

The magistrate judge’s report and recommendation (doc. 8) is

ADOPTED and incorporated by reference in this order.
2.

The § 2254 petition is summarily dismissed without prejudice to

refiling when Petitioner has exhausted available state court remedies.

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3.

A certificate of appealability is denied.

DONE AND ORDERED this 15th day of June, 2012.

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

CASE NO. 4:12cv69-SPM/CAS