Opinion
4:19cv562-MW/HTC
05-26-2022
RICKEY MARTIN, Petitioner, v. SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, Respondent.
ORDER ACCEPTING REPORT AND RECOMMENDATION IN PART
Mark E. Walker Chief United States District Judge
This Court has considered, without hearing, the Magistrate Judge's Report and Recommendation, ECF No. 20, and has also reviewed de novo Petitioner's objections, ECF No. 23. Accordingly, IT IS ORDERED:
The report and recommendation, ECF No. 20, is accepted in part and adopted in part, over the Petitioner's objections, as this Court's opinion. The Clerk shall enter judgment stating, “Petitioner's § 2254 petition for habeas corpus, ECF No. 1, is DENIED.” However, this Court finds that reasonable jurists could find this Court's assessment of Ground 2 debatable; accordingly, a certificate of appealability is GRANTED as to Ground 2 of the petition. See 28 U.S.C. § 2253(c)(3) (“The certificate of appealability . . . shall indicate which specific issue or issues satisfy the showing required by [28 U.S.C. § 2253(c)(2)].”). The Clerk shall close the file.
SO ORDERED.