Eaglin v. Secretary, DOC
Filing
41
OPINION AND ORDER re: 1 Petition for writ of habeas corpus is dismissed without prejudice. The Clerk of Court is directed to enter judgment accordingly, terminate any pending motions and deadlines, and close this file. Signed by Judge Sheri Polster Chappell on 10/1/2018. (SLU)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
DWIGHT T. EAGLIN,
Petitioner,
v.
Case No: 2:15-cv-461-FtM-38MRM
SECRETARY, DOC,
Respondent.
/
OPINION AND ORDER1
Before the Court is Petitioner Dwight Eaglin's Response to the Court's Order Lifting
the Stay (Doc. 39) and Respondent Secretary of the Department of Corrections’
Response. (Doc. 40).
On January 12, 2017, Petitioner filed a successive postconviction motion in Florida
State Circuit Court pursuant to Fla. R. Crim. P. 3.851 seeking a new penalty phase under
Hurst v. Florida, 136 S. Ct. 616 (2016). On April 3, 2017, the Circuit Court entered an
order, granting a new penalty phase based on Petitioner’s Rule 3.851 motion. The State
of Florida did not file for a re-hearing motion and the time for an appeal has expired. On
June 1, 2017, this Court lifted the stay imposed in this case and issued an order directing
the parties to advise the Court on whether the stay should be reinstated.
1
Disclaimer: Documents filed in CM/ECF may contain hyperlinks to other documents or
websites. These hyperlinks are provided only for users’ convenience. Users are
cautioned that hyperlinked documents in CM/ECF are subject to PACER fees. By
allowing hyperlinks to other websites, this Court does not endorse, recommend, approve,
or guarantee any third parties or the services or products they provide on their websites.
Likewise, the Court has no agreements with any of these third parties or their websites.
The Court accepts no responsibility for the availability or functionality of any hyperlink.
Thus, the fact that a hyperlink ceases to work or directs the user to some other site does
not affect the opinion of the Court.
Petitioner now states that he wants the stay reinstated or in the alternative for his
Petition to be dismissed without prejudice. By dismissing without prejudice, Petitioner
would not waive any of his current claims, as Petitioner’s judgment will not become final
for purposes of 28 U.S.C. § 2244(d)(1)(A) until the conclusion of a direct review or the
expiration of the time for seeking such review of his resentencing proceedings. See
Burton v. Stewart, 549 U.S. 147, 156 (2007) (explaining that for purposes of §
2244(d)(1)(A), the final judgment means the sentence). The Respondent agrees that
since the Petitioner’s sentence is not final, the current Petition should be dismissed.
Accordingly, it is now
ORDERED:
1. Petitioner’s Petition is hereby DISMISSED without prejudice.
2. The Clerk of the Court is directed to enter judgment accordingly, terminate any
pending motions and deadlines, and close the file.
DONE and ORDERED in Fort Myers, Florida this 1st day of October 2018.
Copies:
All Parties of Record
SA: FTMP-2
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?