Jenkins v. State of Florida et al

Filing 19

OPINION AND ORDER dismissing with prejudice re: 1 Petition for writ of habeas corpus, granting 18 MOTION to Dismiss this entire proceeding without prejudice. The Clerk of the Court is directed toenter judgment accordingly, terminate any pending motions and deadlines, and close the file. Signed by Judge Sheri Polster Chappell on 9/26/2017. (SLU)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
JASON WADE JENKINS,
Petitioner,
v.

Case No: 2:17-cv-106-FtM-38MRM

STATE OF FLORIDA and FLORIDA
ATTORNEY GENERAL,
Respondents.
/
OPINION AND ORDER1
This matter comes before the Court on Petitioner, Jason Wade Jenkins' Motion to
Dismiss (Doc. #18) filed on September 25, 2017. Petitioner acknowledges that his state
court remedies have not been exhausted and now moves the Court to voluntarily dismiss
his petition without prejudice.
Before a district court can grant habeas relief to a state prisoner under 28 U.S.C.
§ 2254, the petitioner must exhaust all state court remedies that are available for
challenging his conviction, either on direct appeal or in a state post-conviction motion.
See 28 U.S.C. § 2254(b)(1)(A); O'Sullivan v. Boerckel, 526 U.S. 838, 842 (1999) (“[T]he
state prisoner must give the state courts an opportunity to act on his claims before he

1

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presents those claims to a federal court in a habeas petition.”).

Since Petitioner

acknowledges that his state court remedies have not been exhausted, the Motion is due
to be granted.
Accordingly, it is now
ORDERED:
Petitioner, Jason Wade Jenkins' Motion to Dismiss (Doc. #18) is GRANTED. The
Petition is hereby DISMISSED without prejudice. 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 26th day of September, 2017.

Copies:
Jason Wade Jenkins
All Counsel of Record
SA: FtMP-2

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