DESUE v. INCH et al
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,
CASE NO. 5:19cv237-MCR-HTC
STATE OF FLORIDA, SECRETARY
MR. MARK INCH OF THE
DEPARTMENT OF CORRECTIONS,
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
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Accordingly, it is ORDERED:
The Magistrate Judge’s Report and Recommendation, ECF No. 10, is
adopted and incorporated by reference in this Order.
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.
DONE AND ORDERED this 8th day of October 2019.
M. Casey Rodgers
M. CASEY RODGERS
UNITED STATES DISTRICT JUDGE
Case No. 5:19cv237-MCR-HTC
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