TYUS v. STATE OF FLORIDA

Filing 24

ORDER adopting 23 Report and Recommendation; granting 13 Motion to Dismiss; Petitioner's 1 Petition for Writ of Habeas Corpus, which challenged the conviction and sentence in State of Florida v. Albert Lamar Tyus in the Circuit Court of Jackson County, Florida, Case No. 01-155, is dismissed with prejudice. The clerk is directed to close the file. Signed by JUDGE RICHARD SMOAK on 12/2/09. (jem)

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

ALBERT L. TYUS, Petitioner, vs. WALTER A. McNEIL, Respondent. _______________________________/ ORDER Before me is the Magistrate Judge's Report and Recommendation (Doc. 23). Petitioner has not filed objections. IT IS ORDERED: 1. The Magistrate Judge's Report and Recommendation is adopted and incorporated by reference in this Order. 2. 3. Respondent's Motion to Dismiss (Doc. 13) is granted. Petitioner's Petition for Writ of Habeas Corpus (Doc. 1), which challenged the conviction and sentence in State of Florida v. Albert Lamar Tyus in the Circuit Court of Jackson County, Florida, Case No. 01-155, is dismissed with prejudice. 4. The clerk is directed to close the file. CASE NO. 5:08cv361/RS-MD

ORDERED on December 2, 2009.

/S/ Richard Smoak RICHARD SMOAK UNITED STATES DISTRICT JUDGE