CALLOWAY v. JONES

Filing 22

ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION. The magistrate judge's report and recommendation (ECF No. 21 ) is hereby ADOPTED and incorporated by reference into this order. The petitioner's fi rst amended petition for writ of habeas corpus (ECF No. 11 ) is DENIED. The clerk shall enter judgment stating: "Petitioner's first amended petition for writ of habeas corpus is DENIED." A certificate of appealability is DENIED. Leave to appeal in forma pauperis is DENIED. Signed by SENIOR JUDGE WILLIAM STAFFORD on 5/15/19. (blb)

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

EARL W. CALLOWAY,
Petitioner,
v.

4:16cv221–WS/GRJ

SECRETARY, DEPARTMENT OF
CORRECTIONS,
Respondent.

ORDER ADOPTING THE MAGISTRATE JUDGE’S
REPORT AND RECOMMENDATION
Before the court is the magistrate judge's report and recommendation (ECF
No. 21) docketed April 3, 2019. The magistrate judge recommends that the
petitioner’s first amended petition for writ of habeas corpus (ECF No. 11) be
denied. The petitioner has filed no objections to the magistrate judge’s report and
recommendation.
Having reviewed the record, this court has determined that the magistrate
judge's report and recommendation should be adopted. Accordingly, it is
ORDERED:

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1. The magistrate judge's report and recommendation (ECF No. 21) is
hereby ADOPTED and incorporated by reference into this order.
2. The petitioner’s first amended petition for writ of habeas corpus (ECF No.
11) is DENIED.
3. The clerk shall enter judgment stating: “Petitioner’s first amended petition
for writ of habeas corpus is DENIED.”
4. A certificate of appealability is DENIED. Leave to appeal in forma
pauperis is DENIED.
DONE AND ORDERED this

15th

day of

May

, 2019.

s/ William Stafford
WILLIAM STAFFORD
SENIOR UNITED STATES DISTRICT JUDGE