FITZSIMMONS v. DIXON

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION
MICHAEL FITZSIMMONS,
Petitioner,
v. Case No. 4:25-cv-86-TKW-MJF
RICKY D. DIXON,
Respondent.
/
ORDER
This case is before the Court based on the magistrate judge’s Report and
Recommendation (Doc. 41) and Petitioner’s objections (Doc. 42). No response to
the objections is needed.
The Court reviewed the issues raised in the objection 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 Petitioner’s second amended §2254
habeas petition should be denied without an evidentiary hearing. Accordingly, it is
ORDERED that:
1. The magistrate judge’s Report and Recommendation is adopted and
incorporated by reference in this Order.
2. Petitioner’s amended §2254 habeas petition (Doc. 16) is DENIED.
3. A certificate of appealability is DENIED.
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4. The Clerk shall enter judgment in accordance with this Order and close
the case file.
DONE AND ORDERED this 2nd day of March, 2026.
__________________________________
T. KENT WETHERELL, II
UNITED STATES DISTRICT JUDGE
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