Opinion
CASE NO. 4:12-cv-00555-MP-CAS
01-03-2013
COREY MILLEDGE, Petitioner, v. KENNETH S. TUCKER, Secretary, Florida Department of Corrections, Respondent.
ORDER
This cause comes on for consideration upon the Magistrate Judge's Report and Recommendation dated December 3, 2012. (Doc. 9). The parties have been furnished a copy of the Report and Recommendation and have been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). I have made a de novo determination of any timely filed objections.
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 hereby ORDERED AND ADJUDGED:
1. The magistrate judge's Report and Recommendation is adopted and incorporated by reference in this order.
2. The petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2254 (doc. 1) is DISMISSED without prejudice.
3. A certificate of appealability is DENIED pursuant to Rule 11(a) of the Rules Governing Section 2254 Cases in the U.S. District Courts.
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Maurice M. Paul, Senior District Judge