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)

Download PDF
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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?