MITCHELL v MCNEIL

Filing 43

ORDER APPROVING 42 Report and Recommendation, 11 Amended Petition for Writ of Habeas Corpus is DENIED and certificate of appealability is DENIED. The clerk is directed to close the file. Signed by JUDGE RICHARD SMOAK on 3/29/2011. (jem)

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA PANAMA CITY DIVISION

VANCE G. MITCHELL, Petitioner, vs. WALTER A. McNEIL, Secretary of Florida Department of Corrections, et al, Respondent. _____________________________________/ ORDER Before me is the Magistrate Judge's Report and Recommendation (Doc. 42). Petitioner has not filed objections. IT IS ORDERED: 1. The Magistrate Judge's Report and Recommendation is approved and incorporated in this Order. 2. The Amended Petition For Writ Of Habeas Corpus (Doc. 11) is denied, and a certificate of appealability is denied. 3. The clerk is directed to close the file. CASE NO. 5:08cv60/RS-GRJ

ORDERED on March 29, 2011.

/S/ Richard Smoak RICHARD SMOAK UNITED STATES DISTRICT JUDGE