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Corn v. McNeil

United States District Court, N.D. Florida, Pensacola Division
Feb 10, 2011
Case No. 3:08cv199/MCR/EMT (N.D. Fla. Feb. 10, 2011)

Summary

concluding "that the Florida procedural rule deeming as waived or abandoned those claims for which an appellant has not presented any argument in his [postconviction] appellate brief (or for which he provides only conclusory argument), even when the insufficiently presented claims were summarily denied by the trial court, is a firmly established and regularly followed procedural rule for purposes of federal habeas."

Summary of this case from Osmanovic v. Sec'y, Fla. Dep't of Corr.

Opinion

Case No. 3:08cv199/MCR/EMT.

February 10, 2011


ORDER


This cause comes on for consideration upon the magistrate judge's Report and Recommendation dated November 24, 2010. (Doc. 46). 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 now ORDERED as follows:

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

2. The amended petition for writ of habeas corpus (doc. 7) is DENIED.

3. A certificate of appealability is DENIED. DONE AND ORDERED this 10th day of February, 2011.


Summaries of

Corn v. McNeil

United States District Court, N.D. Florida, Pensacola Division
Feb 10, 2011
Case No. 3:08cv199/MCR/EMT (N.D. Fla. Feb. 10, 2011)

concluding "that the Florida procedural rule deeming as waived or abandoned those claims for which an appellant has not presented any argument in his [postconviction] appellate brief (or for which he provides only conclusory argument), even when the insufficiently presented claims were summarily denied by the trial court, is a firmly established and regularly followed procedural rule for purposes of federal habeas."

Summary of this case from Osmanovic v. Sec'y, Fla. Dep't of Corr.

concluding "that the Florida procedural rule deeming as waived or abandoned those claims for which an appellant has not presented any argument in his [postconviction] appellate brief (or for which he provides only conclusory argument), even when the insufficiently presented claims were summarily denied by the trial court, is a firmly established and regularly followed procedural rule for purposes of federal habeas."

Summary of this case from Joseph v. Sec'y, Fla. Dep't of Corr.
Case details for

Corn v. McNeil

Case Details

Full title:MICHAEL WAYNE CORN, Petitioner, v. WALTER A. McNEIL, Respondent

Court:United States District Court, N.D. Florida, Pensacola Division

Date published: Feb 10, 2011

Citations

Case No. 3:08cv199/MCR/EMT (N.D. Fla. Feb. 10, 2011)

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