BRECKLE v. FLORIDA DEPARTMENT OF CORRECTIONS

Filing 6

ORDER ADOPTING 5 REPORT AND RECOMMENDATION. The petition for writ of habeas corpus filed by Richard Lee Breckle pursuant to 28 U.S.C. § 2254 is DISMISSED. A certificate of appealability is DENIED pursuant to Rule 11(a) of the Rules Governing § 2254 Cases in the U.S. District Courts. Signed by CHIEF JUDGE M CASEY RODGERS on 7/17/2017. (sdw)

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION
RICHARD LEE BRECKLE,
Petitioner,
v.

CASE NO. 5:17cv116-MCR/CAS

FLORIDA DEPARTMENT OF
CORRECTIONS,
Respondent.
/
ORDER
This matter is before the Court on the Report and Recommendation of the U.S.
Magistrate Judge dated June 13, 2017. ECF No. 5. 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 review of any
timely filed objections.
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. 5, is adopted and

incorporated by reference in this Order.

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2.

The petition for writ of habeas corpus filed by Richard Lee Breckle

pursuant to 28 U.S.C. § 2254 is DISMISSED.
3.

A certificate of appealability is DENIED pursuant to Rule 11(a) of the

Rules Governing § 2254 Cases in the U.S. District Courts.
DONE AND ORDERED this 17th day of July, 2017.

s/

M. Casey Rodgers

M. CASEY RODGERS
CHIEF UNITED STATES DISTRICT JUDGE

Case No. 5:17cv116-MCR/CAS