WOOD v. SECRETARY FLORIDA DEPARTMENT OF CORRECTIONS

Filing 33

ORDER adopting Chief Magistrate Judge's 32 REPORT AND RECOMMENDATION. The petition for writ of habeas corpus is CONDITIONALLY GRANTED on the ineffective assistance of trial counsel claim presented in Ground Six, and Respon dent is required to produce Petitioner in the state trial court, within 60 days, for a hearing to vacate Petitioner's conviction and sentence on Count II and take any other appropriate action. The habeas petition is DENIED on all of Petitioner's other claims. A certificate of appealability is DENIED. Signed by JUDGE M CASEY RODGERS on 7/10/2019. (MB)

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION

STORM PATRICK WOOD,
Petitioner,
v.

CASE NO. 5:17cv163/MCR/EMT

SECRETARY FLORIDA DEPARTMENT
OF CORRECTIONS,
Respondent.
_________________________________/
ORDER
This cause comes on for consideration upon the Chief Magistrate Judge’s
Report and Recommendation dated May 22, 2019. ECF No. 32. The parties have
been furnished a copy of the Report and Recommendation and have been afforded an
opportunity to file objections pursuant to Title 28, United States Code, Section
636(b)(1). No objection has been filed.
Having considered the Report and Recommendation, and any objections
thereto timely filed, I have determined that the Report and Recommendation should
be adopted.

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Accordingly, it is now ORDERED as follows:
1.

The Chief Magistrate Judge’s Report and Recommendation is adopted

and incorporated by reference in this order.
2.

The petition for writ of habeas corpus is CONDITIONALLY

GRANTED on the ineffective assistance of trial counsel claim presented in Ground
Six, and Respondent is required to produce Petitioner in the state trial court, within
60 days, for a hearing to vacate Petitioner’s conviction and sentence on Count II and
take any other appropriate action.
3.

The habeas petition is DENIED on all of Petitioner’s other claims.

4.

A certificate of appealability is DENIED.

DONE AND ORDERED this 10th day of July 2019.

M. Casey Rodgers
M. CASEY RODGERS
UNITED STATES DISTRICT JUDGE

Case No. 5:17cv163/MCR/EMT