DAVIS v. STATE OF FLORIDA

Filing 21

ORDER ADOPTING 20 REPORT AND RECOMMENDATION and GRANTING 17 Motion to Dismiss. The 1 § 2254 petition for writ of habeas corpus, is DISMISSED AND A certificate of appealability is DENIED and leave to appeal in forma pauperis is also DENIED. Signed by JUDGE M CASEY RODGERS on 7/24/2018. (alb) Modified on 7/25/2018 to correct dates (alb).

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA PANAMA CITY DIVISION KARRIECE Q. DAVIS, Petitioner, v. CASE NO. 5:17cv112-MCR/CAS STATE OF FLORIDA, Respondent. __________________________/ ORDER This matter is before the Court on the Report and Recommendation of the U.S. Magistrate Judge. ECF No. 20. The parties have been furnished with 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. Accordingly, it is now ORDERED as follows: 1. The Report and Recommendation, ECF No. 20, is adopted and incorporated by reference in this Order. 2. Respondent’s motion to dismiss, ECF No. 17, 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 24th day of July 2018. M. Casey Rodgers s/ M. CASEY RODGERS UNITED STATES DISTRICT JUDGE

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