KERR v. JONES

Filing 16

ORDER DENYING PETITIONER'S 1 PETITION FOR WRIT OF HABEAS CORPUS - The magistrate judge's report and recommendation (doc. 14 ) is adopted and incorporated by reference in this order of the court. The clerk shall enter judgment stating: "Petitioner's petition for writ of habeas corpus is DENIED." A certificate of appealability is DENIED. Signed by SENIOR JUDGE WILLIAM STAFFORD on 3/27/2017. (vkm)

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Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PANAMA CITY DIVISION NICHOLAS NORRIS KERR, Petitioner, v. 5:15cv6-WS/CAS JULIE L. JONES, Secretary, Department of Corrections, Respondent. ORDER DENYING PETITIONER’S PETITION FOR WRIT OF HABEAS CORPUS Before the court is the magistrate judge's report and recommendation (doc. 15) docketed March 14, 2017. The magistrate judge recommends that Petitioner’s petition for writ of habeas corpus be DENIED. Petitioner has filed objections (doc. 15) to the magistrate judge’s discussion of “Ground 1: Search and Seizure of the Vehicle.” Upon review of the record and law in light of Petitioner’s objections, the court has determined that the magistrate judge’s report and recommendation should be adopted. Page 2 of 2 Accordingly, it is ORDERED: 1. The magistrate judge's report and recommendation (doc. 14) is adopted and incorporated by reference in this order of the court. 2. Petitioner’s petition for writ of habeas corpus (doc. 1) is DENIED. 3. The clerk shall enter judgment stating: “Petitioner’s petition for writ of habeas corpus is DENIED.” 4. A certificate of appealability is DENIED. DONE AND ORDERED this 27th day of March , 2017. s/ William Stafford WILLIAM STAFFORD SENIOR UNITED STATES DISTRICT JUDGE

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