MCCARTHAN v. JONES

Filing 48

ORDER ACCEPTING REPORT AND RECOMMENDATION - The 44 report and recommendation is accepted and adopted, over Petitioner's objections, as this Court's opinion. The Clerk shall enter judgment stating, "The petition for writ of habeas corpus, ECF No. 1 , challenging the judgment of conviction and sentences in State of Florida v. Marlon McCarthan, Leon County Circuit Court Case No. 10-CF-1439 is DENIED. A Certificate of Appealability is DENIED." The Clerk shall close the file. Signed by JUDGE MARK E WALKER on 11/13/17. (ckm)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION MARLON DEMETRIUS McCARTHAN, Petitioner, v. Case No. 4:15cv406-MW/CJK JULIE L. JONES, Respondent. ___________________________/ ORDER ACCEPTING REPORT AND RECOMMENDATION This Court has considered, without hearing, the Magistrate Judge's Report and Recommendation, ECF No. 44, and has also reviewed de novo Petitioner’s objections to the report and recommendation, ECF No. 47. Accordingly, IT IS ORDERED: The report and recommendation is accepted and adopted, over Petitioner’s objections, as this Court’s opinion. The Clerk shall enter judgment stating, “The petition for writ of habeas corpus, ECF No. 1, challenging the judgment of conviction and sentences in State of Florida v. Marlon McCarthan, Leon County Circuit Court Case No. 10-CF-1439 is DENIED. A Certificate of Appealability is DENIED.” The Clerk shall close the file. SO ORDERED on November 13, 2017. s/Mark E. Walker United States District Judge

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