Knight v. Secretary Florida Department of Corrections, 1:17cv306/MW/EMT. (2018)
Court: District Court, N.D. Florida
Number: infdco20180530c11
Visitors: 19
Filed: Apr. 30, 2018
Latest Update: Apr. 30, 2018
Summary: REPORT AND RECOMMENDATION ELIZABETH M. TIMOTHY , Chief Magistrate Judge . Petitioner commenced this action by filing a petition for writ of habeas corpus under 28 U.S.C. 2254 (ECF No. 1). Respondent filed a motion to dismiss for lack of jurisdiction, on the ground that the habeas petition is an unauthorized second or successive petition (ECF No. 12). The court directed Petitioner to file a response to the motion to dismiss ( see ECF No. 13). Petitioner has now filed a "Motion for Dismis
Summary: REPORT AND RECOMMENDATION ELIZABETH M. TIMOTHY , Chief Magistrate Judge . Petitioner commenced this action by filing a petition for writ of habeas corpus under 28 U.S.C. 2254 (ECF No. 1). Respondent filed a motion to dismiss for lack of jurisdiction, on the ground that the habeas petition is an unauthorized second or successive petition (ECF No. 12). The court directed Petitioner to file a response to the motion to dismiss ( see ECF No. 13). Petitioner has now filed a "Motion for Dismiss..
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REPORT AND RECOMMENDATION
ELIZABETH M. TIMOTHY, Chief Magistrate Judge.
Petitioner commenced this action by filing a petition for writ of habeas corpus under 28 U.S.C. § 2254 (ECF No. 1). Respondent filed a motion to dismiss for lack of jurisdiction, on the ground that the habeas petition is an unauthorized second or successive petition (ECF No. 12). The court directed Petitioner to file a response to the motion to dismiss (see ECF No. 13). Petitioner has now filed a "Motion for Dismissal," requesting that the court dismiss his habeas petition, on the ground that he was not aware he needed permission from the Eleventh Circuit Court of Appeals to file a second § 2254 petition (ECF No. 14).
Upon review of the parties' pleadings and the attachments to Respondent's motion to dismiss, the undersigned concludes that Petitioner's motion to voluntarily dismiss should be granted, and the habeas petition dismissed without prejudice. See Fed. R. Civ. P. 41(a)(2).
Accordingly, it is respectfully RECOMMENDED:
That Petitioner's Motion for Dismissal (ECF No. 14) be GRANTED, and this action dismissed without prejudice.
Source: Leagle
