MCCROAN v. WILKINS
Filing
36
ORDER adopting 33 Report and Recommendations ; granting in part and denying in part 21 RESPONSE to Motion. Signed by SENIOR JUDGE MAURICE M PAUL on 12/11/2013. The petition for writ of habeas corpus (doc. 1 ) is DISMISSED and the Clerk is directed to close the file. A certificate of appealability is DENIED, pursuant to Rule 11(a) of the Rules Governing Section 2254 Cases in the U.S. District Courts. (kdm)
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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION
WILLIAM TONY MCCROAN,
Petitioner,
v.
CASE NO. 5:13-cv-00171-MP-CJK
SECRETARY, FLORIDA
DEPT. OF CHILDREN AND FAMILIES,
Respondents.
_____________________________/
ORDER
This cause comes on for consideration upon the Magistrate Judge's Report and
Recommendation dated November 22, 2013. (Doc. 33). 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:
1.
The magistrate judge’s Report and Recommendation is adopted and incorporated
by reference in this order.
2.
Respondent’s motion (doc. 21) is GRANTED to the extent it seeks to dismiss the
petition.
3.
Respondent’s motion (doc. 21) is DENIED as moot to the extent it seeks to stay
this proceeding pending petitioner’s appointed counsel’s response to the motion
to dismiss.
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4.
The petition for writ of habeas corpus (doc. 1) is DISMISSED and the Clerk is
directed to close the file.
5.
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
11th day of December, 2013
s/Maurice M. Paul
Maurice M. Paul, Senior District Judge
Case No: 5:13-cv-00171-MP-CJK
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