Thomas v. Secretary, Department of Corrections, 4:18cv519-WS/CAS. (2019)
Court: District Court, N.D. Florida
Number: infdco20190821b17
Visitors: 4
Filed: Aug. 20, 2019
Latest Update: Aug. 20, 2019
Summary: ORDER DISMISSING PETITIONER'S PETITION FOR WRIT OF HABEAS CORPUS WILLIAM STAFFORD , Senior District Judge . Before the court is the magistrate judge's report and recommendation (ECF No. 14) dated July 18, 2019. The magistrate judge recommends that the petitioner's petition for writ of habeas corpus be dismissed as successive. The petitioner has filed no objections to the report and recommendation. Because there is nothing in the record that reflects that the petitioner has been granted lea
Summary: ORDER DISMISSING PETITIONER'S PETITION FOR WRIT OF HABEAS CORPUS WILLIAM STAFFORD , Senior District Judge . Before the court is the magistrate judge's report and recommendation (ECF No. 14) dated July 18, 2019. The magistrate judge recommends that the petitioner's petition for writ of habeas corpus be dismissed as successive. The petitioner has filed no objections to the report and recommendation. Because there is nothing in the record that reflects that the petitioner has been granted leav..
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ORDER DISMISSING PETITIONER'S PETITION FOR WRIT OF HABEAS CORPUS
WILLIAM STAFFORD, Senior District Judge.
Before the court is the magistrate judge's report and recommendation (ECF No. 14) dated July 18, 2019. The magistrate judge recommends that the petitioner's petition for writ of habeas corpus be dismissed as successive. The petitioner has filed no objections to the report and recommendation.
Because there is nothing in the record that reflects that the petitioner has been granted leave by the Eleventh Circuit to file a second or successive habeas corpus petition, this court lacks the authority to consider the petitioner's claim. Accordingly, it is ORDERED:
1. The magistrate judge's report and recommendation (ECF No. 14) is hereby ADOPTED and incorporated by reference into this order.
2. The petitioner's petition for writ of habeas corpus is DISMISSED as an unauthorized successive petition, over which this court lacks jurisdiction.
3. The clerk shall enter judgment stating: "All claims are dismissed for lack of jurisdiction."
4. A certificate of appealability is DENIED.
5. Leave to appeal in forma pauperis is DENIED.
DONE AND ORDERED.
Source: Leagle
