MARTINEZ v SECRETARY DEPARTMENT OF CORRECTIONS

Filing 20

ORDER ADOPTING 19 REPORT AND RECOMMENDATION. The 1 Petition for Writ of Habeas Corpus is DENIED. A certificate of appealability is DENIED. Signed by SENIOR JUDGE LACEY A COLLIER on 4/25/2018. (alb)

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Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PANAMA CITY DIVISION RUBEN J MARTINEZ, Petitioner, v. CASE NO. 5:15-cv-140-LC-GRJ SECRETARY, FLA. DEP’T OF CORRECTIONS, Respondent. _____________________________/ ORDER This cause comes on for consideration upon the magistrate judge's Report and Recommendation dated March 26, 2018, recommending that the Petition be denied. (ECF No. 19.) Petitioner has been furnished with a copy of the Report and Recommendation and was afforded an opportunity to file objections pursuant to 28 U.S.C. § 636(b)(1). No objections have been filed. Having considered the Report and Recommendation, 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 Page 2 of 2 adopted and incorporated by reference in this order. 2. The petition for writ of habeas corpus, ECF No. 1, is DENIED. 3. A certificate of appealability is DENIED. DONE AND ORDERED this 24th day of April, 2018. s/L.A. Collier LACEY A. COLLIER UNITED STATES SENIOR DISTRICT JUDGE

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