REILLY v. INCH

Filing 34

ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION - The magistrate judge's report and recommendation (ECF No. 33 ) is hereby ADOPTED and incorporated by reference into this order. Petitioner's amende d petition for writ of habeas corpus (ECF No. 21 ), challenging his conviction in State v. Reilly, 2014CF17, in Leon County, Florida, 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 10/19/2023. (baf)

Case 4:21-cv-00223-WS-HTC Document 34 Filed 10/19/23 Page 1 of 2

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

SEAN REILLY,
Petitioner,
v.

4:21v223–WS/HTC

RICKY D. DIXON,
Respondent.

ORDER ADOPTING THE MAGISTRATE JUDGE’S
REPORT AND RECOMMENDATION
Before the court is the magistrate judge's report and recommendation (ECF
No. 33) docketed September 21, 2023. The magistrate judge recommends that
Petitioner’s amended petition for writ of habeas corpus be DENIED. Petitioner has
filed no objections to the report and recommendation.
Upon review of the record, the court has determined that the magistrate
judge's report and recommendation is due to be adopted. Like the magistrate judge,
the undersigned finds that Petitioner has failed to demonstrate that he is entitled to
relief under 28 U.S.C. § 2254.

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Accordingly, it is ORDERED:
1. The magistrate judge's report and recommendation (ECF No. 33) is
hereby ADOPTED and incorporated by reference into this order.
2. Petitioner's amended petition for writ of habeas corpus (ECF No. 21),
challenging his conviction in State v. Reilly, 2014–CF–17, in Leon County,
Florida, 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

19th

day of

October

, 2023.

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