Pooley v. Crosby

Full title: ROBERT JAMES POOLEY, Petitioner, v. JAMES v. CROSBY, JR., Respondent

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

Date published: Nov 7, 2005

Case No.: 3:05cv77/RV/EMT (N.D. Fla. Nov. 7, 2005)

Opinion

Case No.: 3:05cv77/RV/EMT.

November 7, 2005

ORDER

ROGER VINSON, Senior Judge

This cause comes on for consideration upon the magistrate judge's report and recommendation dated October 4, 2005. 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). I have made a de novo determination of all timely filed objections.

Having considered the report and recommendation, and all 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. Respondent's motion to dismiss (Doc. 11) is GRANTED, and the petition for writ of habeas corpus (Doc. 1) is DISMISSED for lack of jurisdiction.

3. Alternatively, the habeas petition is DENIED on the merits.

DONE AND ORDERED.