Duharte v. Department of Corrections

Filing 22

ORDER adopting 16 Report and Recommendations and Denying Petition for Writ of Habeas Corpus. Signed by Chief Judge Federico A. Moreno on 2/11/2009. (MM)

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA Miami Division Case Number: 08-20964-CIV-MORENO YANET DUHARTE, Petitioner, vs. WALTER A. MCNEIL, Respondent. _____________________________________/ ORDER ADOPTING MAGISTRATE'S REPORT AND RECOMMENDATION AND DENYING PETITION FOR HABEAS CORPUS THE MATTER was referred to the Honorable Patrick A. White, United States Magistrate Judge for a Report and Recommendation on Petitioner's Petition for Writ of Habeas Corpus (D.E. No. 1), filed on April 9, 2008. The Magistrate Judge filed a Report and Recommendation (D.E. No. 16) on January 22, 2009. The Court has reviewed the entire file and record. The Court has made a de novo review of the issues that the objections to the Magistrate Judge's Report and Recommendation present, and being otherwise fully advised in the premises, it is ADJUDGED that United States Magistrate Judge Patrick A. White's Report and Recommendation (D.E. No. 16) on January 22, 2009 is AFFIRMED and ADOPTED. Accordingly, it is ADJUDGED that Petitioner's objections are OVERRULED and the Petition for Habeas Corpus is DENIED. This case is CLOSED and all pending motions are DENIED as MOOT.

DONE AND ORDERED in Chambers at Miami, Florida, this 11th day of February, 2009.

_______________________________________ FEDERICO A. MORENO UNITED STATES DISTRICT JUDGE Copies provided to: United States Magistrate Judge Patrick A. White Counsel and Parties of Record

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