Filed: Jun. 18, 2020
Latest Update: Jun. 18, 2020
Summary: Case: 19-11296 Date Filed: 06/18/2020 Page: 1 of 3 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT _ No. 19-11296 Non-Argument Calendar _ D.C. Docket No. 4:17-cv-00316-WS-EMT RANDALL LAMONT ROLLE, Petitioner-Appellant, versus STATE OF FLORIDA, DEPARTMENT OF CORRECTIONS, Respondent-Appellee. _ Appeal from the United States District Court for the Northern District of Florida _ (June 18, 2020) Case: 19-11296 Date Filed: 06/18/2020 Page: 2 of 3 Before BRANCH, LAGOA
Summary: Case: 19-11296 Date Filed: 06/18/2020 Page: 1 of 3 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT _ No. 19-11296 Non-Argument Calendar _ D.C. Docket No. 4:17-cv-00316-WS-EMT RANDALL LAMONT ROLLE, Petitioner-Appellant, versus STATE OF FLORIDA, DEPARTMENT OF CORRECTIONS, Respondent-Appellee. _ Appeal from the United States District Court for the Northern District of Florida _ (June 18, 2020) Case: 19-11296 Date Filed: 06/18/2020 Page: 2 of 3 Before BRANCH, LAGOA a..
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Case: 19-11296 Date Filed: 06/18/2020 Page: 1 of 3
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 19-11296
Non-Argument Calendar
________________________
D.C. Docket No. 4:17-cv-00316-WS-EMT
RANDALL LAMONT ROLLE,
Petitioner-Appellant,
versus
STATE OF FLORIDA, DEPARTMENT OF CORRECTIONS,
Respondent-Appellee.
________________________
Appeal from the United States District Court
for the Northern District of Florida
________________________
(June 18, 2020)
Case: 19-11296 Date Filed: 06/18/2020 Page: 2 of 3
Before BRANCH, LAGOA and ANDERSON, Circuit Judges.
PER CURIAM:
Randall Lamont Rolle, a Florida prisoner proceeding pro se, appeals from the
district court’s dismissal, in part, of his 28 U.S.C. § 2254 petition as successive.1 On
appeal, Rolle does not expressly address the district court’s finding that his petition
was successive but, instead argues that the district court erred in denying his petition
on the merits.
When appropriate, we will review de novo whether a § 2254 petition for a writ
of habeas corpus is second or successive. Ponton v. Sec’y, Fla. Dep’t of Corr.,
891
F.3d 950, 952 (11th Cir. 2018). While pro se pleadings are liberally construed and
held to less stringent standards than those drafted by lawyers, Jones v. Fla. Parole
Comm’n,
787 F.3d 1105, 1107 (11th Cir. 2015), where an appellant fails to present
any arguments on an issue in his initial brief he waives it. Herring v. Sec’y, Dep’t
of Corr.,
397 F.3d 1338, 1342 (11th Cir. 2005).
Because a second or successive § 2254 petition requires prior authorization
from this Court pursuant to 28 U.S.C. § 2244(b)(3)(A), the district court lacks
jurisdiction to consider an unauthorized second or successive petition. Farris v.
United States,
333 F.3d 1211, 1216 (11th Cir. 2003).
The district court also denied in part Rolle’s petition on the merits. Because we
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declined to issue a certificate of appealability on that issue, that ruling is not part of this appeal.
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Case: 19-11296 Date Filed: 06/18/2020 Page: 3 of 3
Here, as an initial matter, Rolle has waived any claim that his petition was not
second or successive by failing to expressly develop any argument on this issue. See
Herring, 397 F.3d at 1342. Moreover, even if implicitly preserved, we find that the
district court did not err in dismissing, in part, Rolle’s petition as an unauthorized
successive petition. This petition was Rolle’s third § 2254 petition filed before the
district court. Additionally, the record contains no prior authorization from this
Court permitting Rolle to file this petition. Because Rolle previously sought—and
was denied—leave from this Court to file eight earlier successive petitions, the
district court properly dismissed his current petition, in part, for lack of jurisdiction,
and we affirm.
AFFIRMED.
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