ATKINS v. SECRETARY FDOC

Filing 40

ORDER DENYING PETITIONER'S PETITION FOR WRIT OF HABEAS CORPUS. The magistrate judge's report and recommendation 38 is hereby ADOPTED and incorporated by reference into this order. Petitioner's petition for writ o f habeas corpus 1 is DENIED. The clerk shall enter judgment stating: "Petitioner's petition for writ of habeas corpus is DENIED." A certificate of appealability is DENIED. Signed by SENIOR JUDGE WILLIAM STAFFORD on 03/26/2019. (rcb)

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

JOSEPH W. ATKINS,
Petitioner,
v.

4:17cv176–WS/EMT

SECRETARY FLORIDA DEPARTMENT
OF CORRECTIONS,
Respondent.

ORDER DENYING PETITIONER’S
PETITION FOR WRIT OF HABEAS CORPUS
Before the court is the magistrate judge's report and recommendation (ECF
No. 38) docketed February 4, 2019. The magistrate judge recommends that
Petitioner’s petition for writ of habeas corpus be DENIED. In response, Petitioner
has filed a document (ECF No. 39) entitled “Notice of Appeal and Objecting.” The
court construes this document as an objection to the magistrate judge’s report and
recommendation and not as a notice of appeal to the United States Court of
Appeals for the Eleventh Circuit. Petitioner sets forth his objection in a single
sentence: “As bases for appeal, the Honorable Magistrate . . . has relied on falsified

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transcripts as there is [sic] three different conflicting versions of a same or singular
event.”
Upon review of the record, the court has determined that the magistrate
judge's report and recommendation should be adopted. Like the magistrate judge,
the undersigned finds that Petitioner has failed to show that he is entitled to relief
under 28 U.S.C. § 2254.
Accordingly, it is ORDERED:
1. The magistrate judge's report and recommendation (ECF No. 38) is
hereby ADOPTED and incorporated by reference into this order.
2. Petitioner's petition for writ of habeas corpus (ECF No. 1) is DENIED.
3. The clerk shall enter judgment stating: "Petitioner's petition for writ of
habeas corpus is DENIED."
4. A certificate of appealability is DENIED.
DONE AND ORDERED this

26th

day of

March

, 2019.

s/ William Stafford
WILLIAM STAFFORD
SENIOR UNITED STATES DISTRICT JUDGE.