DAVIS v. JONES

Filing 42

ORDER ACCEPTING AND ADOPTING 33 REPORT AND RECOMMENDATION - The Clerk shall enter judgment stating the following: The Respondent's motion to dismiss, ECF No. 26 , is GRANTED. Petitioner's motion to stay this case, EC F No. 32 , is DENIED. The petition for writ of habeas corpus, ECF No. 1 , challenging the judgment of conviction and sentences in State of Florida v. Dionte Jermaine Davis, Madison County Circuit Court Case No. 10-CF-98, is DISMISSED with prejudice. A certificate of appealability is DENIED. The Clerk shall close the file. Signed by JUDGE MARK E WALKER on 10/27/2017. (vkm)

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION
DIONTE JERMAINE DAVIS,
Petitioner,
v.

Case No. 4:16cv401-MW/CJK

FLORIDA DEPARTMENT
OF CORRECTIONS SECRETARY,
Respondent.
___________________________/
ORDER ACCEPTING AND ADOPTING
REPORT AND RECOMMENDATION
This Court has considered, without hearing, the Magistrate Judge's Report
and Recommendation, ECF No. 33, and has also reviewed de novo Petitioner’s
timely objections to the report and recommendation. ECF No. 40. 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
following:
1.

The Respondent’s motion to dismiss, ECF No. 26, is GRANTED.

2.

Petitioner’s motion to stay this case, ECF No. 32, is DENIED.

3.

The petition for writ of habeas corpus, ECF No. 1, challenging the

judgment of conviction and sentences in State of Florida v. Dionte Jermaine
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Davis, Madison County Circuit Court Case No. 10-CF-98, is DISMISSED with
prejudice.
4.

A certificate of appealability is DENIED.

5.

The Clerk shall close the file.

SO ORDERED on October 27, 2017.
s/Mark E. Walker
____
United States District Judge

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