Opinion
4:18cv120-WS/HTC
11-06-2022
GERNARD DENEZ CHESTNUT, Petitioner, v. RICKY D. DIXON, Respondent.
ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
WILLIAM STAFFORD SENIOR UNITED STATES DISTRICT JUDGE
Before the court is the magistrate judge's report and recommendation (ECF No. 101) docketed October 12, 2022. The magistrate judge recommends that Petitioner's fourth amended petition (ECF No. 42) for writ of habeas corpus, challenging his conviction in State v. Chestnut, Leon County, Florida case number 2010 CV 410, be DENIED. Petitioner has filed objections (ECF No. 106) to the magistrate judge's report and recommendation, and those objections have been carefully reviewed by the undersigned.
Upon review of the record in light of Petitioner's objections, the court has determined that the magistrate judge's report and recommendation is due to be adopted. Like the magistrate judge, the undersigned finds that Petitioner has failed to demonstrate that he is entitled to relief under 28 U.S.C. § 2254.
Accordingly, it is ORDERED:
1. The magistrate judge's report and recommendation (ECF No. 101) is ADOPTED and incorporated into this order by reference.
2. Gernard Denez Chestnut's fourth amended petition for writ of habeas corpus (ECF No. 42), challenging his conviction in State v. Chestnut, Leon County, Florida case number 2010 CF 410, is DENIED.
3. The clerk shall enter judgment stating: “All claims are denied.”
4. A certificate of appealability is denied.
DONE AND ORDERED.