BOND v. STATE OF FLORIDA

Filing 48

ORDER ADOPTING 46 REPORT AND RECOMMENDATION, re 34 Motion to Dismiss filed by STATE OF FLORIDA, WALTER A MCNEIL. Signed by CHIEF JUDGE STEPHAN P MICKLE on 10/7/2010. Petitioners second amended habeas petition (doc. 19 ) is dismissed for lack of jurisdiction. No certificate of appealability will be issued because Petitioner has failed to make a substantial showing of the denial of a constitutional right. (kdm)

BOND v. MCNEIL

Doc. 48

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PANAMA CITY DIVISION JOSEPH BOND, Petitioner, v. WALTER A. MCNEIL, Respondent. ________________________/ ORDER THIS CAUSE comes before the Court for consideration of the magistrate judge's report and recommendation dated August 27, 2010. Doc. 46. Petitioner has been furnished a copy and has been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). No objections have been filed. Having considered the report and recommendation, I have determined that the report and recommendation should be adopted. Accordingly, it is hereby ORDERED as follows: 1. The magistrate judge's report and recommendation (doc. 46) is CASE NO. 5:09cv255-SPM/EMT

adopted and incorporated by reference in this order. 2. Petitioner's second amended habeas petition (doc. 19) is dismissed

Dockets.Justia.com

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for lack of jurisdiction. 3. No certificate of appealability will be issued because Petitioner has

failed to make a substantial showing of the denial of a constitutional right. 4. The clerk shall close this case.

DONE AND ORDERED this 7th day of October, 2010.

s/ Stephan P. Mickle
Stephan P. Mickle Chief United States District Judge

CASE NO. 5:09cv255-SPM/EMT