Wharton v. Sec'y Dep't of Corr.

Full title: JASON WHARTON, Petitioner, v. SECRETARY, DEP'T OF CORRECTIONS, Respondent.

Court: United States District Court, Northern District of Florida

Date published: Jul 28, 2022

1:21-cv-181-AW-HTC (N.D. Fla. Jul. 28, 2022)

Opinion

1:21-cv-181-AW-HTC

07-28-2022

JASON WHARTON, Petitioner, v. SECRETARY, DEP'T OF CORRECTIONS, Respondent.

ALLEN WINSOR, UNITED STATES DISTRICT JUDGE.

ORDER ADOPTING REPORT AND RECOMMENDATION

ALLEN WINSOR, UNITED STATES DISTRICT JUDGE.

I have considered the magistrate judge's June 17, 2022 report and recommendation, ECF No. 17, to which there has been no objection. I have determined the report and recommendation should be adopted. It is now ORDERED:

1. The report and recommendation (ECF No. 17) is adopted and incorporated into this order.

2. The clerk will enter a judgment that says, “The § 2254 petition is dismissed without prejudice for failure to exhaust.”

3. A certificate of appealability is DENIED.

4. The clerk will close the file.

SO ORDERED.