COLLIER v. TUCKER
ORDER adopting 19 Report and Recommendation; denying 24 MOTION for Leave to Supplement/Expand the Record with Supporting Memorandum of Law. Signed by SENIOR JUDGE MAURICE M PAUL on 4/18/2013. The petition for writ of habeas corpus, Doc. 1 , is DENIED. No certificate of appealability is appropriate in this case. (kdm)
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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION
CASE NO. 5:12-cv-00082-MP-EMT
KENNETH S TUCKER,
This cause comes on for consideration upon the Magistrate Judge's Report and
Recommendation dated November 28, 2012. (Doc. 19). 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), and the petitioner has done so, Doc.
23. I have made a de novo determination of any timely filed objections.
Having considered the thorough and well reasoned Report and Recommendation, and the
objections thereto, I have determined that the Report and Recommendation should be adopted.
Additionally, I agree with the Magistrate Judge and the state court judge that the record
affirmatively refutes the allegation that the audiotape of the confession offered at trial was
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"garbled" and "unintelligible." Accordingly, the motion to supplement the record with the actual
audio tape the undersigned, Doc. 24, is denied.
Accordingly, it is hereby
ORDERED AND ADJUDGED:
The magistrate judge’s Report and Recommendation is adopted and incorporated
by reference in this order.
The petition for writ of habeas corpus, Doc. 1, is DENIED.
The motion for leave to supplement or expand the record, Doc. 24, is DENIED.
No certificate of appealability is appropriate in this case.
DONE AND ORDERED this 18th day of April, 2013
s/Maurice M. Paul
Maurice M. Paul, Senior District Judge
Case No: 5:12-cv-00082-MP-EMT
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