DESUE v. INCH et al

Filing 13

ORDER ADOPTING 10 REPORT AND RECOMMENDATION. The filing at ECF No. 9 is DISMISSED as a second or successive habeas corpus application filed without first obtaining an order from the Eleventh Circuit authorizing the district court to consider it. A certificate of appealability is DENIED. The Clerk is directed to close the file. Signed by JUDGE M CASEY RODGERS on 10/8/2019. (sdw)

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION
MICHAEL C. DESUE,
Petitioner,
v.

CASE NO. 5:19cv237-MCR-HTC

STATE OF FLORIDA, SECRETARY
MR. MARK INCH OF THE
DEPARTMENT OF CORRECTIONS,
RECORDS CUSTODIAN
LINDA SANTANA,
Respondents.
_________________________________/
ORDER
This cause comes on for consideration upon the Magistrate Judge’s Report and
Recommendation dated September 9, 2019. ECF No. 10. 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 timely filed
objections thereto, I have determined that the Report and Recommendation should be
adopted.

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Accordingly, it is ORDERED:
1.

The Magistrate Judge’s Report and Recommendation, ECF No. 10, is

adopted and incorporated by reference in this Order.
2.

The filing at ECF No. 9 is DISMISSED as a second or successive

habeas corpus application filed without first obtaining an order from the Eleventh
Circuit authorizing the district court to consider it.
3.

A certificate of appealability is DENIED.

4

The Clerk is directed to close the file.

DONE AND ORDERED this 8th day of October 2019.

s/

M. Casey Rodgers

M. CASEY RODGERS
UNITED STATES DISTRICT JUDGE

Case No. 5:19cv237-MCR-HTC