TAYLOR v. CREWS

Filing 27

ORDER adopting the magistrate judge's 24 Report and Recommendation. Respondent's 17 Motion to Dismiss is GRANTED. Petitioner's 4 Amended Petition for Writ of Habeas Corpus is DISMISSED for lack of jurisdiction, pursuant to 28 U.S.C. § 2244(b). A ceritificate of appealability is DENIED. Signed by SENIOR JUDGE LACEY A COLLIER on 7/21/2014. (djb)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION
JOHN HENRY TAYLOR, JR.,
Petitioner,
vs.

Case No.: 5:13cv243/LAC/EMT

MICHAEL D. CREWS,
Respondent.
___________________________________/
ORDER
This cause comes on for consideration upon the chief magistrate judge’s Report and
Recommendation dated June 26, 2014 (doc. 24). 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 objections
filed.
Having considered the Report and Recommendation, and the timely filed objections thereto,
I have determined that the Report and Recommendation should be adopted.
Accordingly, it is now ORDERED as follows:
1.

The magistrate judge’s Report and Recommendation is adopted and incorporated by

reference in this order.
2.

Respondent’s motion to dismiss (doc. 17) is GRANTED.

3.

Petitioner’s amended habeas petition (doc. 4) is DISMISSED for lack of

jurisdiction, pursuant to 28 U.S.C. § 2244(b).
4.

A certificate of appealability is DENIED.

DONE and ORDERED on this 21st day of July, 2014.

s/L.A. Collier
Lacey A. Collier
Senior United States District Judge