CORREA-HERRERA v. SECRETARY FLORIDA DEPARMENT OF CORRECTIONS

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
GAINESVILLE DIVISION
EMANUEL CORREA-HERRERA,
Petitioner,
v. Case No. 1:24-cv-190-TKW-HTC
SECRETARY, FLORIDA
DEPARTMENT OF CORRECTIONS,
Respondent.
/
ORDER
This case is before the Court based on the magistrate judge’s Report and
Recommendation (Doc. 24) and Petitioner’s objections (Doc. 27). The Court
reviewed the issues raised in the objections de novo under 28 U.S.C. §636(b)(1) and
Fed. R. Civ. P. 72(b)(3), and based on that review, the Court agrees with the
magistrate judge’s determination that Petitioner’s §2254 petition should be
dismissed on the merits because none of the grounds raised in the petition provide a
basis for federal habeas relief. The Court also agrees that a certificate of
appealability should be denied.
Accordingly, it is ORDERED that:
1. The magistrate judge’s Report and Recommendation is adopted and
incorporated by reference in this Order.
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2. Respondent’s motion to dismiss (Doc. 16) is GRANTED, and
Petitioner’s §2254 habeas petition is DISMISSED with prejudice on the merits.
3. A certificate of appealability is DENIED.
4. The Clerk shall enter judgment in accordance with this Order and close
the case file.
DONE AND ORDERED this 1st day of December, 2025.
__________________________________
T. KENT WETHERELL, II
UNITED STATES DISTRICT JUDGE
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