Summary
upholding identification where detective involved in the investigation presented shooting victim with a photo array containing the suspect but did nothing to emphasize the photograph of the suspect
Summary of this case from United States v. GibbsOpinion
Case No.: 3:10cv101 RV/MD
04-09-2012
JOSHUA EUGENE ROBINSON, Petitioner, v. KENNETH S. TUCKER, Respondent.
ORDER
This cause comes on for consideration upon the magistrate judge's Report and Recommendation dated March 2, 2012. (Doc. 36). 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).
Having considered the Report and Recommendation, and no objections having been filed, I have determined that the Report and Recommendation should be adopted.
Accordingly, it is now ORDERED as follows:
1. The magistrate judge's Report and Recommendation is adopted and incorporated by reference in this order.
2. The 28 U.S.C. § 2254 petition for writ of habeas corpus (doc. 1), challenging the conviction and sentence in State of Florida v. Robinson in the Circuit Court of Escambia County, Florida, case no. 04-CF2689, is DENIED and the clerk is directed to close the file.
3. Certificate of appealability is DENIED.
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ROGER VINSON
SENIOR UNITED STATES DISTRICT JUDGE