SETTS v. SINGLETARY

Filing 22

ORDER DISMISSING PETITIONERS PETITION FOR WRIT OF HABEAS CORPUS. DISMISSING 1 Petition for Writ of Habeas Corpus. Granting 14 Motion to Dismiss for Lack of Jurisdiction. Adopting 17 Report and Recommendations. The cler k shall enter judgment stating: Burt Settss petition for writ of habeas corpus is DISMISSED. A certificate of appealability is DENIED. Leave to proceed on appeal in forma pauperis is DENIED. Signed by SENIOR JUDGE WILLIAM STAFFORD on 8/24/2015. (pll)

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

BURT SETTS,
Petitioner,
v.

4:14cv579-WS

JULIE L. JONES, Secretary,
Florida Department of Corrections,
Respondent.

ORDER DISMISSING PETITIONER’S PETITION
FOR WRIT OF HABEAS CORPUS
Before the court is the magistrate judge's report and recommendation
docketed July 7, 2015. See Doc. 17. The magistrate judge recommends that Burt
Setts’s petition for writ of habeas corpus be DISMISSED for lack of jurisdiction.
Setts has filed objections (doc. 21) to the magistrate judge’s report and
recommendation.
Upon review of the record in light of Setts’s objections, the court has
determined that the magistrate judge’s report and recommendation should be
adopted.

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Accordingly, it is ORDERED:
1. The magistrate judge's report and recommendation (doc. 17) is adopted
and incorporated by reference in this order of the court.
2. Respondent’s motion to dismiss (doc. 14) is GRANTED.
2. Burt Setts’s petition for writ of habeas corpus (doc. 1) is DISMISSED.
3. The clerk shall enter judgment stating: “Burt Setts’s petition for writ of
habeas corpus is DISMISSED.”
4. A certificate of appealability is DENIED.
5. Leave to proceed on appeal in forma pauperis is DENIED.
DONE AND ORDERED this 24th

day of

August

, 2015.

s/ William Stafford
WILLIAM STAFFORD
SENIOR UNITED STATES DISTRICT JUDGE