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Canton Omar Dismukes v. Kenneth S. Tucker

February 17, 2012

CANTON OMAR DISMUKES, PETITIONER,
v.
KENNETH S. TUCKER, RESPONDENT.



The opinion of the court was delivered by: M. Casey Rodgers Chief United States District Judge

ORDER

This cause comes on for consideration upon the magistrate judge's Report and Recommendation dated January 10, 2012. (Doc. 35). 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 thereto having been timely 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. Petitioner's 28 U.S.C. § 2254 petition for writ of habeas corpus (doc. 1), challenging the conviction and sentence in State of Florida v. Dismukes in the Circuit Court of Escambia County, Florida, case no. 06-4810, is DENIED and the clerk is directed to close the file.

3. A certificate of appealability is DENIED.

M. Casey Rodgers

20120217

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