MANSON v. INCH
ORDER. The magistrate judge's 19 Report and Recommendation is adopted and incorporated by reference in this order. Petitioner's §2254 habeas petition (Doc. 1 ) is DENIED. A certificate of appealability is DENIED. Signed by JUDGE T KENT WETHERELL II on 05/05/2022. (alb)
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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
Case No. 4:20cv333-TKW-MAF
RICKY D. DIXON, Secretary,
Florida Department of Corrections,
This case is before the Court based on the magistrate judge’s Report and
Recommendation (Doc. 19). No objections were filed.
Upon due consideration of the Report and Recommendation and the case file,
the Court agrees with the magistrate judge’s determination that Petitioner’s §2254
habeas petition is due to be denied because the record establishes that (1) the state
court’s disposition of the exhausted claims was not based on an unreasonable
application of clearly established federal law or an unreasonable determination of
the facts, and (2) the unexhausted claims are procedurally barred (and meritless in
any event). Accordingly, it is ORDERED that:
The magistrate judge’s Report and Recommendation is adopted and
incorporated by reference in this order.
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Petitioner’s §2254 habeas petition (Doc. 1) is DENIED.
A certificate of appealability is DENIED.
The Clerk shall close the case file.
DONE and ORDERED this 5th day of May, 2022.
T. Kent Wetherell, II
T. KENT WETHERELL, II
UNITED STATES DISTRICT JUDGE
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