JACKSON v SECRETARY DEPARTMENT OF CORRECTIONS STATE OF FLORIDA
ORDER ADOPTING 33 Magistrate Judges REPORT AND RECOMMENDATION and 35 Report and Recommendation as supplemented and GRANTING 20 Motion to Dismiss. The petition for writ of habeas corpus 1 , is DISMISSED WITH PREJUDICE. Certificate of appealability is DENIED. The clerk is directed to close the file. Signed by SENIOR JUDGE LACEY A COLLIER on 7/31/2017. (alb)
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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION
Case No. 5:16cv110/LC/CJK
SECRETARY, DEPARTMENT OF
This cause comes on for consideration upon the Magistrate Judge’s Report and
Recommendation dated July 26, 2017 (doc. 33), as supplemented on July 28, 2017
(doc. 35). The parties have been furnished a copy of the Report and Recommendation
and Supplement, 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 those portions to which an objection has been made.
Having considered the Report and Recommendation and Supplement, as well
as the objections thereto timely filed, I have determined that the Report and
Recommendation, as supplemented, should be adopted.
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Accordingly, it is ORDERED:
The Magistrate Judge’s Report and Recommendation (doc. 33), as
supplemented (doc. 35), is adopted and incorporated by reference in this order.
2. Respondent’s motion to dismiss (doc. 20) is GRANTED.
3. The petition for writ of habeas corpus (doc. 1), challenging petitioner’s
judgment of conviction and sentence in State of Florida v. Random Jackson, Gulf
County Circuit Court Case No. 08-CF-218, is DISMISSED WITH PREJUDICE.
4. The clerk is directed to close the file.
5. A certificate of appealability is DENIED.
ORDERED on this 31st day of July, 2017.
LACEY A. COLLIER
SENIOR UNITED STATES DISTRICT JUDGE
Case No: 5:16cv110/LC/CJK
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