WORTHEY v. STATE OF FLORIDA

Filing 23

ORDER DENYING PETITIONER'S AMENDED PETITION FOR WRIT OF HABEAS CORPUS - The magistrate judge's report and recommendation (ECF No. 21 ) is hereby ADOPTED and incorporated by reference into this order. Petitioner's amended petition for writ of habeas corpus (ECF No. 9 ) is DENIED. The clerk shall enter judgment stating: "Petitioner's 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 10/7/2019. (cle)

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

DARRIUS L. WORTHEY,
Petitioner,
v.

4:18cv509–WS/CAS

STATE OF FLORIDA,
Respondent.

ORDER DENYING PETITIONER’S AMENDED
PETITION FOR WRIT OF HABEAS CORPUS
Before the court is the magistrate judge's report and recommendation (ECF
No. 21) docketed September 18, 2019. The magistrate judge recommends that
Petitioner’s amended petition for writ of habeas corpus be DENIED. In response,
Petitioner has filed a document entitled “Notice of Appeal,” along with a one-page
document entitled “Judicial Acts To Be Reviewed,” which—together (ECF No.
22)—have been construed by the undersigned as objections to the report and
recommendation.
Upon review of the record, the court has determined that the magistrate

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judge's report and recommendation is due to 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.
By my adoption of the magistrate judge’s report and recommendation and
denial of relief to Petitioner, this case is now concluded in this court. Should
Petitioner wish to appeal this court’s order and judgment to the Court of Appeals
for the Eleventh Circuit, he must file a notice of appeal with this court in
accordance with Rules 3 and 4 of the Federal Rules of Appellate Procedure.
Accordingly, it is ORDERED:
1. The magistrate judge's report and recommendation (ECF No. 21) is
hereby ADOPTED and incorporated by reference into this order.
2. Petitioner's amended petition for writ of habeas corpus (ECF No. 9) is
DENIED.
3. The clerk shall enter judgment stating: "Petitioner's amended petition for
writ of habeas corpus is DENIED."
4. A certificate of appealability is DENIED.
5. Leave to appeal in forma pauperis is DENIED.
DONE AND ORDERED this

7th

day of

October

, 2019.

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