PELKEY v. STATE OF FLORIDA

Filing 24

ORDER ADOPTING 23 REPORT AND RECOMMENDATION. The petition for writ of habeas corpus filed by James David Pelkey pursuant to 28 U.S.C. § 2254, is DENIED. Any certificate of appealability is DENIED and leave to appeal in forma pauperis is also DENIED. Signed by SENIOR JUDGE LACEY A COLLIER on 3/19/2015. (sdw)

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

JAMES DAVID PELKEY,
Petitioner,
vs.

Case No. 4:12cv397-LC/CAS

JULIE L. JONES, Secretary,
Florida Department of Corrections,
Respondent.
/
ORDER
This cause comes on for consideration upon the magistrate judge's report
and recommendation dated February 10, 2015. Doc. 23. The parties have been
furnished a copy of the report and recommendation and afforded an opportunity to
file objections. No objections have been filed.
Having considered the report and recommendation, I have determined that
the report and recommendation should be adopted.
Accordingly, it is now ORDERED as follows:
1. The magistrate judge's report and recommendation, doc. 23, is adopted
and incorporated by reference in this order.

Page 2 of 2

2. The petition for writ of habeas corpus filed by James David Pelkey
pursuant to 28 U.S.C. § 2254, is DENIED. Any certificate of appealability is DENIED
and leave to appeal in forma pauperis is also DENIED
DONE AND ORDERED this 19th day of March, 2015.

s /L.A. Collier
LACEY COLLIER
Senior United States District Judge

Case No. 4:12cv397-LC/CAS