JACKSON v SECRETARY DEPARTMENT OF CORRECTIONS STATE OF FLORIDA
ORDER: The Magistrate Judge's Report and Recommendation 33 , as supplemented 35 , is adopted and incorporated by reference in this order. Respondent's Motion to Dismiss 20 is GRANTED. The petition for writ of habeas corpus 1 is DISMISSED WITH PREJUDICE. The clerk is directed to close the file. A certificate of appealability is DENIED. Signed by SENIOR JUDGE LACEY A COLLIER on 8/31/2017. (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). Petitioner has filed objections
(doc. 39). 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, 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 August, 2017.
LACEY A. COLLIER
SENIOR UNITED STATES DISTRICT JUDGE
Case No: 5:16cv110/LC/CJK
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