POPE v. STATE OF FLORIDA

Filing 14

ORDER adopting Magistrate Judge's 13 Report and Recommendation. Respondent's motion to dismiss, ECF No. 12 , is GRANTED. The § 2254 petition for writ of habeas corpus, ECF No. 1 , is DISMISSED. A certificate of appealability is DENIED and leave to appeal in forma pauperis is also DENIED. Signed by CHIEF JUDGE M CASEY RODGERS on 11/30/2017. (MB)

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION

TIMOTHY ARTHUR WAGNER POPE,
Petitioner,
v.

CASE NO. 5:17cv86-MCR/CAS

STATE OF FLORIDA,
Respondent.
/
ORDER
This matter is before the Court on the Report and Recommendation of the
U.S. Magistrate Judge dated November 1, 2017. ECF No. 13. The parties have
been furnished a copy of the Report and Recommendation and have been afforded
an opportunity to file objections pursuant 28 U.S.C. § 636(b)(1). I have made a de
novo determination of any objections timely filed.
Having considered the Report and Recommendation, and any objections
filed thereto, I have determined the Report and Recommendation should be
adopted.

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Accordingly, it is now ORDERED as follows:
1.

The Report and Recommendation, ECF No. 13, is adopted and

incorporated by reference in this Order.
2.

Respondent’s motion to dismiss, ECF No. 12, is GRANTED.

3.

The § 2254 petition for writ of habeas corpus, ECF No. 1, is

DISMISSED.
4.

A certificate of appealability is DENIED and leave to appeal in forma

pauperis is also DENIED.
DONE AND ORDERED this 30th day of November, 2017.

s/

M. Casey Rodgers

M. CASEY RODGERS
CHIEF UNITED STATES DISTRICT JUDGE

Case No. 5:17cv86-MCR/CAS