BEAHR v. TUCKER

Filing 22

ORDER ACCEPTING AND ADOPTING REPORT ANDRECOMMENDATION: The report and recommendation is accepted and adopted as this Courtsopinion. The Clerk shall enter judgment stating, Petitioner's § 2254 petition, ECFNo. 1 , is DE NIED. A certificate of appealability is DENIED. Leave to appeal informa pauperis is DENIED." The Clerk shall substitute Timothy H. Cannon for Michael Crews as Respondent. The Clerk shall close the file. Signed by JUDGE MARK E WALKER on 1/16/2015. (dac)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION JAMES RUSSELL BEAHR, Petitioner, v. Case No. 4:12cv298-MW/CAS TIMOTHY H. CANNON, Interim Secretary, Department of Corrections, Respondent. ___________________________/ ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION This Court has considered the Magistrate’s Report and Recommendation to Deny § 2254 Petition. ECF No. 21. Upon consideration, no objections having been filed by Petitioner, IT IS ORDERED: The report and recommendation is accepted and adopted as this Court’s opinion. The Clerk shall enter judgment stating, “Petitioner's § 2254 petition, ECF No. 1, is DENIED. A certificate of appealability is DENIED. Leave to appeal in forma pauperis is DENIED." The Clerk shall substitute Timothy H. Cannon for 1 Michael Crews as Respondent. The Clerk shall close the file. SO ORDERED on January 16, 2015. s/Mark E. Walker United States District Judge 2

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