BURKETT v. FLORIDA DEPARTMENT OF CORRECTIONS

Filing 28

ORDER ADOPTING 25 REPORT AND RECOMMENDATION 2. Respondent's Motion To Dismiss 12 is granted because Petitioner's claims are procedurally barred from federal review. 3. The Petition For Writ Of Habeas Corpus 1 is denied, and this case is dismissed. 4. The clerk is directed to close the file. Signed by JUDGE RICHARD SMOAK on 5/26/2011. (jcw)

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

DANNY WAYNE BURKETT,
Petitioner,
vs.

CASE NO. 5:10cv89/RS-EMT

FLORIDA DEPARTMENT OF
CORRECTIONS,
Respondent.
__________________________________/
ORDER
Before me are the Magistrate Judge’s Report and Recommendation (Doc. 25)
and Petitioner’s Objection To The Magistrate’s Report And Recommendation (Doc. 27).
I have considered Petitioner’s objections de novo.
IT IS ORDERED:
1.

The Magistrate Judge’s Report and Recommendation is approved and
incorporated in this Order.

2.

Respondent’s Motion To Dismiss (Doc. 12) is granted because
Petitioner’s claims are procedurally barred from federal review.

3.

The Petition For Writ Of Habeas Corpus (Doc. 1) is denied, and this case
is dismissed.

4.

The clerk is directed to close the file.

ORDERED on May 26, 2011.
/S/ Richard Smoak
RICHARD SMOAK
UNITED STATES DISTRICT JUDGE