CARROLL v. OFFICE OF THE PUBLIC DEFENDER et al
ORDER ADOPTING THE MAGISTRATE JUDGE'S 3 REPORT AND RECOMMENDATION - The petitioner's petition for writ of habeas corpus (doc. 1 ) is DISMISSED WITHOUT PREJUDICE. The clerk shall enter judgment stating: "Petitioner's petition for writ of habeas corpus is dismissed without prejudice." Signed by SENIOR JUDGE WILLIAM STAFFORD on 2/22/2017. (tdl)
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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
OFFICE OF THE PUBLIC
DEFENDER and JON WHEELER,
ORDER ADOPTING THE MAGISTRATE JUDGE’S
REPORT AND RECOMMENDATION
Before the court is the magistrate judge's report and recommendation (doc.
3) docketed January 17, 2017. The magistrate judge recommends that the
petitioner’s habeas petition (doc. 1) be dismissed. The petitioner has filed no
objections to the magistrate judge’s report and recommendation.
Having reviewed the magistrate judge's report and recommendation, this
court has determined that the magistrate judge correctly determined that the
petitioner’s habeas petition must be dismissed without prejudice under Younger v.
Harris, 401 U.S. 37 (1971). Accordingly, it is ORDERED:
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1. The magistrate judge's report and recommendation (doc. 3) is hereby
ADOPTED and incorporated by reference into this order.
2. The petitioner’s petition for writ of habeas corpus (doc. 1) is
DISMISSED WITHOUT PREJUDICE.
3. The clerk shall enter judgment stating: “Petitioner’s petition for writ of
habeas corpus is dismissed without prejudice.”
DONE AND ORDERED this
s/ William Stafford
SENIOR UNITED STATES DISTRICT JUDGE
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