MARION v. TUCKER

Filing 16

ORDER ADOPTING 15 REPORT AND RECOMMENDATION: denying Petitioner's 5 Motion to Stay. 5 Amended §2254 petition for writ of habeas corpus is DISMISSED WITHOUT PREJUDICE. A certificate of appealability is DENIED. Signed by CHIEF JUDGE M CASEY RODGERS on 2/20/2013. (jws)

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

DANIEL MARION,
Petitioner,
v.

CASE NO. 4:12cv254-SPM/CAS

KENNETH S. TUCKER, as Secretary
of Florida Department of Corrections,
Respondent.
_______________________________/
ORDER
THIS CAUSE comes before the court on the magistrate judge’s Report and
Recommendation dated January 7, 2013. (Doc. 15). No objections have been filed.
Having considered the Report and Recommendation pursuant to 28 U.S.C. § 636(b)(1),
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. 15) is ADOPTED

and incorporated by reference in this order.
2.

The amended petition for writ of habeas corpus filed pursuant to 28 U.S.C.

§ 2254 (doc. 5) is DISMISSED WITHOUT PREJUDICE.
3.

Petitioner’s motion to stay (doc. 5) is DENIED.

4.

A certificate of appealability is DENIED.

DONE AND ORDERED this 20th day of February, 2013.

s/

M. Casey Rodgers

M. CASEY RODGERS
CHIEF UNITED STATES DISTRICT JUDGE