Clark v. Department Of Corrections State of Florida et al

Filing 25

ORDER ADOPTING REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE (D.E. 22); DENYING PETITION FOR WRIT OF HABEAS CORPUS PURSUANT TO 28 U.S.C. § 2254 (D.E. 1); AND DISMISSING CASE. Signed by Judge Joan A. Lenard on 6/15/2009. (lc2)

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UNITED STATES DISTRICT COURT S O U T H E R N DISTRICT OF FLORIDA C A S E NO. 08-22136-CIV-LENARD/WHITE V E R N O N LEON CLARK, P e t i t io n e r , vs. W A L T E R A McNEIL, Respondent. ________________________________/ O R D E R ADOPTING REPORT AND RECOMMENDATION OF THE M A G I S T R A T E JUDGE (D.E. 22); DENYING PETITION FOR WRIT OF H A B E A S CORPUS PURSUANT TO 28 U.S.C. § 2254 (D.E. 1); AND DISMISSING CASE T H I S CAUSE is before the Court on the Report and Recommendation of the M a g istra te Judge ("Report," D.E. 22), issued on May 26, 2009. In his Report, Magistrate J u d g e White thoroughly addresses Petitioner Vernon Leon Clark's Petitioner for Writ of H a b e as Corpus Pursuant to 28 U.S.C. § 2254 ("Petition," D.E. 1), and recommends that the C o u rt deny the Petition as time-barred. O n or about June 8, 2009, Petitioner filed his Objection to the Magistrate's Report (" O b je c tio n s ," D.E. 24). Therein, Petitioner fails to articulate any specific objection to the R e p o rt. In any event, pursuant to 28 U.S.C. § 636(b)(1), the Court has reviewed the Report, th e Objections, and the record de novo, and finds that, for the reasons laid out by the M a g is tra te Judge in his Report, it is hereby: O R D E R E D AND ADJUDGED that: 1. T h e Report of Magistrate Judge Patrick A. White (D.E. 22), issued on May 2 6 , 2009, is ADOPTED. 2. T h e Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254 (D.E. 1) f ile d July 29, 2008, is DENIED. 3. 4. T h i s case is CLOSED. A ll pending motions not otherwise ruled upon are hereby DENIED as moot. D O N E AND ORDERED in Chambers at Miami, Florida this 15th day of June, 2009. ______________________ _ _ _ _ _ _ _ _ _ _ _ __ J O A N A. LENARD U N I T E D STATES DISTRICT JUDGE 2

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