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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.