Opinion
Case No.: 3:11cv357/RV/MD
04-23-2012
TIMOTHY A. SHANKLIN, Petitioner, v. KENNETH S. TUCKER, Respondent.
ORDER
This cause comes on for consideration upon the magistrate judge's Report and Recommendation dated March 21, 2012. (Doc. 19). 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 objections filed.
Having considered the Report and Recommendation, and the timely filed objections thereto, 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. Respondent's motion to dismiss (doc. 18) is GRANTED.
3. The 28 U.S.C. § 2254 petition for writ of habeas corpus (doc. 1), later amended (doc. 7), challenging the conviction and sentence in State of Florida v. Shanklin in the Circuit Court of Okaloosa County, Florida, case numbers 06-CF-2720, 07-CF-974 and 07-CF-975 be DISMISSED WITH PREJUDICE and the clerk is directed to close the file.
4. Certificate of appealability is DENIED.
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ROGER VINSON
SENIOR UNITED STATES DISTRICT JUDGE