BARNETT v. AUGUSTINE et al

Filing 21

ORDER ADOPTING 20 REPORT AND RECOMMENDATION ; granting 18 Motion to Dismiss. The Petition for Writ of Habeas Corpus is DISMISSED for failure to state a cause of action upon which relief may be granted. The clerk is directed to close the file. Signed by JUDGE RICHARD SMOAK on 9/19/2012. (jcw)

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IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA PANAMA CITY DIVISION LEWIS CARL BARNETT, Petitioner, v. CASE NO. 5:10-cv-219-RS-CJK PAIGE AUGUSTINE, Respondent. _________________________________/ ORDER Before me is the Magistrate Judge’s Report and Recommendation (Doc. 30). No objections have been filed. IT IS ORDERED: 1. The Magistrate Judge’s Report and Recommendation is approved and incorporated in this Order. 2. The Motion to Dismiss (Doc. 18) is GRANTED. 3. The Petition for Writ of Habeas Corpus is DISMISSED for failure to state a cause of action upon which relief may be granted. 4. The clerk is directed to close the file. ORDERED on September 19, 2012. /S/ Richard Smoak RICHARD SMOAK UNITED STATES DISTRICT JUDGE

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