Davis v. Fla. Dep't of Corr. Sec'y

Full title: DIONTE JERMAINE DAVIS, Petitioner, v. FLORIDA DEPARTMENT OF CORRECTIONS…

Court: UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION

Date published: Oct 27, 2017

Case No. 4:16cv401-MW/CJK (N.D. Fla. Oct. 27, 2017)

Opinion

Case No. 4:16cv401-MW/CJK

10-27-2017

DIONTE JERMAINE DAVIS, Petitioner, v. FLORIDA DEPARTMENT OF CORRECTIONS SECRETARY, Respondent.

Mark E. Walker United States District Judge

ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION

This Court has considered, without hearing, the Magistrate Judge's Report and Recommendation, ECF No. 33, and has also reviewed de novo Petitioner's timely objections to the report and recommendation. ECF No. 40. Accordingly,

IT IS ORDERED:

The report and recommendation is accepted and adopted, over Petitioner's objections, as this Court's opinion. The Clerk shall enter judgment stating the following:

1. The Respondent's motion to dismiss, ECF No. 26, is GRANTED.

2. Petitioner's motion to stay this case, ECF No. 32, is DENIED.

3. The petition for writ of habeas corpus, ECF No. 1, challenging the judgment of conviction and sentences in State of Florida v. Dionte Jermaine Davis, Madison County Circuit Court Case No. 10-CF-98, is DISMISSED with prejudice.

4. A certificate of appealability is DENIED.

5. The Clerk shall close the file.

SO ORDERED on October 27, 2017.

s/ Mark E. Walker

United States District Judge