HANKS v. SECRETARY OF FLORIDA DEPARTMENT OF CORRECTION

Filing 5

ORDER ADOPTING 4 REPORT AND RECOMMENDATION. The Petitioner's successive writ of habeas corpus (Doc. 1 ) is DISMISSED WITH PREJUDICE. The certificate of appealability is DENIED because Petitioner did not make a substantial showing of the denial of a constitutional right. The clerk is directed to close the file. Signed by JUDGE RICHARD SMOAK on 1/14/2014. (jcw)

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION
FRED HANKS,
Petitioner,
v.

CASE NO. 5:13-cv-400-RS-GRJ

SECRETARY, DEPARTMENT
OF CORRECTIONS,
Respondent.
_________________________________/
ORDER
Before me is the Magistrate Judge’s Report and Recommendation (Doc. 4). Petitioner has
not filed an objection. I have reviewed the report and recommendation de novo.
IT IS ORDERED:
1. The Magistrate Judge’s Report and Recommendation is approved and
incorporated in this Order.
2. The Petitioner’s successive writ of habeas corpus (Doc. 1) is DISMISSED
WITH PREJUDICE.
3. The certificate of appealability is DENIED because Petitioner did not make a
substantial showing of the denial of a constitutional right.
4. The clerk is directed to close the file.
ORDERED on January 14, 2014.
/S/ Richard Smoak
RICHARD SMOAK
UNITED STATES DISTRICT JUDGE