MASHBURN v. SECRETARY

Filing 18

ORDER ADOPTING 16 REPORT AND RECOMMENDATION. The Petition under 28 U.S.C. § 2254 by a Person in Custody Pursuant to a State Court Judgment (Doc. 1 ) is DENIED. A certificate of appealability is DENIED. Signed by JUDGE RICHARD SMOAK on 12/4/2014. (jcw)

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IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA PANAMA CITY DIVISION RODERICK O. MASBURN, Petitioner, v. CASE NO. 4:12-cv-289-RS-EMT SECRETARY, DEPARTMENT OF CORRECTIONS, Respondent. _____________________________________/ ORDER Before me is the Magistrate Judge’s Order and Report and Recommendation (Doc. 16). I have reviewed the report and recommendation de novo. I have also reviewed Petitioner’s Objections (Doc. 17). I note that the Objections do not appear to specifically address or refute the Magistrate Judge’s Report and Recommendation. IT IS ORDERED: 1. The Magistrate Judge’s Report and Recommendation is approved and incorporated in this Order. 2. The Petition under 28 U.S.C. § 2254 by a Person in Custody Pursuant to a State Court Judgment (Doc. 1) is DENIED. 3. A certificate of appealability is DENIED. ORDERED on December 4, 2014. /S/ Richard Smoak RICHARD SMOAK UNITED STATES DISTRICT JUDGE

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