BROWN v. JONES

Filing 14

ORDER ADOPTING 12 REPORT AND RECOMMENDATION. Respondent's 9 Motion to Dismiss is GRANTED. Petitioners 4 amended § 2254 petition, is DISMISSED WITHOUT PREJUDICE for Petitioners failure to exhaust state court remedies. A certificate of appealability is DENIED. Signed by JUDGE M CASEY RODGERS on 12/14/2018. (alb) Modified on 12/14/2018 correct link (alb).

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION
CURTIS BROWN,
Plaintiff,
v.

CASE NO. 5:18cv131-MCR/MJF

JULIE L. JONES,
Defendant.

/
ORDER

This cause comes on for consideration upon the Magistrate Judge’s Report
and Recommendation dated November 19, 2018. ECF No. 12. 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). I have made a de novo determination of any timely filed objections.
Having considered the Report and Recommendation, and any objections
thereto timely filed, I have determined that the Report and Recommendation should
be adopted.
Accordingly, it is now ORDERED as follows:
1.

The Magistrate Judge’s Report and Recommendation is adopted and
incorporated by reference in this Order.

2.

Respondent’s motion to dismiss, ECF No. 9, is GRANTED.

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3.

Petitioner’s amended § 2254 petition, ECF No. 4, is DISMISSED
WITHOUT PREJUDICE for Petitioner’s failure to exhaust state court
remedies.

4.

A certificate of appealability is DENIED.

DONE AND ORDERED this 14th day of December 2018.

M. Casey Rodgers

s/
M. CASEY RODGERS
UNITED STATES DISTRICT JUDGE

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