Gibbs v. McDonough

Full title: SAMMY L. GIBBS, Petitioner, v. JAMES R. McDONOUGH, Respondent

Court: United States District Court, N.D. Florida, Panama City Division

Date published: Feb 22, 2007

CASE NO.: 5:06cv131/MCR/MD (N.D. Fla. Feb. 22, 2007)

Opinion

CASE NO.: 5:06cv131/MCR/MD.

February 22, 2007

ORDER

M. RODGERS, Magistrate Judge

This cause comes on for consideration upon the magistrate judge's report and recommendation dated December 22, 2006. The petitioner has been furnished a copy of the report and recommendation and has been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1), and I have made a de novo determination of those portions to which an objection has been made.

Having considered the report and recommendation and any objections thereto timely filed, I have determined that the report and recommendation should be adopted.

Accordingly, it is now ORDERED:

1. The magistrate judge's report and recommendation is adopted and incorporated by reference in this order.

2. This § 2254 petition (doc. 1) is DISMISSED WITHOUT PREJUDICE, and the clerk is directed to close the file.

DONE AND ORDERED.