SANMANN v. SECRETARY DEPARTMENT OF CORRECTIONS
ORDER ADOPTING 19 REPORT AND RECOMMENDATION: Respondent's 15 Motion to Dismiss is GRANTED and the 7 second amended §2254 petition for writ of habeas is DENIED. Signed by SENIOR JUDGE MAURICE M PAUL on 11/27/2013. (jws)
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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION
CHARLES CLAY SANMANN,
CASE NO. 5:12-cv-00357-MP-GRJ
SECRETARY, FLORIDA DEPT.
This cause comes on for consideration upon the Magistrate Judge's Report and
Recommendation dated October 3, 2013. (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). I have made a de novo
determination of any timely filed objections.
Having considered the Report and Recommendation, and any objections thereto timely
filed, I have determined that the Report and Recommendation should be adopted.
Accordingly, it is hereby
ORDERED AND ADJUDGED:
The magistrate judge’s Report and Recommendation is adopted and incorporated
by reference in this order.
Respondent’s motion to dismiss (doc. 15) is GRANTED and the second amended
petition for writ of habeas corpus, filed pursuant to 28 U.S.C. § 2254, (doc. 7) is
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A certificate of appealability is DENIED, pursuant to Rule 11(a) of the Rules
Governing Section 2254 Cases in the U.S. District Courts.
DONE AND ORDERED this
27th day of November, 2013
s/Maurice M. Paul
Maurice M. Paul, Senior District Judge
Case No: 5:12-cv-00357-MP-GRJ
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