Floyd v. Secretary, Department of Corrections et al

Filing 6

ORDER: Petitioner's petition (Dkt. 1) is DISMISSED. The Clerk shall terminate any pending motions and close this case. Signed by Judge James S. Moody, Jr on 5/2/2014. (LN)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

FRANKLIN DELANO FLOYD,
Petitioner,
-vs-

Case No. 8:14-CV-1041-T-30MAP

SECRETARY, DEPARTMENT
OF CORRECTIONS,
Respondent.
__________________________/
ORDER
Petitioner, a State of Florida prisoner proceeding pro se, filed a petition for writ of
habeas corpus (Dkt. 1) and motion to proceed in forma pauperis (Dkt. 2) on April 28, 2014.
Petitioner’s petition challenges his state conviction for first-degree murder and sentence of
death.
Petitioner previously filed a petition for writ of habeas corpus in this Court in 2006,
challenging the same state court conviction. See Floyd v. Secretary, Dept. of Corrections,
Case No. 8:06-cv-1402-T-27EAJ. That action is currently stayed pending final resolution
of the pending state court post-conviction proceedings.

Petitioner may not simultaneously challenge the same conviction in two separate
actions in this Court. Therefore, the petition in this action will be dismissed.1
ACCORDINGLY, the Court ORDERS that:
1.

Petitioner’s petition (Dkt. 1) is DISMISSED.

2.

The Clerk shall terminate any pending motions and close this case.

DONE and ORDERED in Tampa, Florida on May 2, 2014.

SA:sfc
Copy to: Petitioner pro se

1

If Petitioner wishes to obtain relief from this Court on his state court conviction, he should file, through
appointed counsel, an appropriate motion or pleading in Case No. 8:06-cv-1402-T-27EAJ.

2