ABNEY v. MCNEIL

Filing 65

ORDER adopting the Chief Magistrate Judge's 56 Report and Recommendation. Petitioner's Rule 60(b) motion for relief from judgment (doc. 48 ) is DENIED. Petitioner's Motion to Stay Proceeding and Expand Record (doc. 62 ), Amended Leave of Court and Expand Record (doc. 63 ), and Motion for Appointment of Counsel (doc. 64) are DENIED. A certificate of appealability is DENIED. Signed by CHIEF JUDGE M CASEY RODGERS on 12/29/2014. (MB)

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION
OTHA L. ABNEY,
Petitioner,
Case No. 5:08cv307/MCR/EMT
MICHAEL D. CREWS,
Respondent.
__________________________/
ORDER
This cause comes on for consideration upon the Chief Magistrate Judge’s Report
and Recommendation dated July 18, 2014 (doc. 56). The parties have been furnished a
copy of the Report and Recommendation and have been afforded an opportunity to file
objections pursuant to Title 28, United States Code, Section 636(b)(1). The Court has
made a de novo determination of the timely filed objections.
Having considered the Report and Recommendation, and the objections thereto
timely filed, the Court has determined that the Report and Recommendation should be
adopted.
Accordingly, it is now ORDERED as follows:
1.

The Chief Magistrate Judge’s Report and Recommendation is adopted and

incorporated by reference in this Order.
2.

Petitioner’s Rule 60(b) motion for relief from judgment (doc. 48) is DENIED.

3.

Petitioner’s Motion to Stay Proceeding and Expand Record (doc. 62),

Amended Leave of Court and Expand Record (doc. 63), and Motion for Appointment of
Counsel (doc. 64) are DENIED.
4.

A certificate of appealability is DENIED.

DONE and ORDERED this 29th day of December, 2014.

M. Casey Rodgers
M. CASEY RODGERS
CHIEF UNITED STATES DISTRICT JUDGE