Crayton v. Secretary, Department of Corrections et al (Pinellas County)

Filing 3

ORDER dismissing without prejudice as successive and unauthorized 1 Petition for Writ of Habeas Corpus and directing Clerk to forward appropriate form, terminate all pending motions, and close this case. Signed by Judge William F. Jung on 1/7/2022. (CCB)

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Case 8:21-cv-02912-WFJ-AEP Document 3 Filed 01/07/22 Page 1 of 2 PageID 28 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION FREDDIE CRAYTON, Petitioner, -vs- Case No. 8:21-cv-2912-WFJ-AEP SECRETARY, DEPARTMENT OF CORRECTIONS, Respondent. ________________________________/ ORDER Mr. Crayton, a former Florida prisoner, filed a petition for the writ of habeas corpus under 28 U.S.C. § 2254 (“petition”) (Doc. 1). To the extent he challenges his 2003 convictions, the Court lacks jurisdiction to adjudicate the petition because Mr. Crayton previously sought and was denied federal habeas relief in this Court regarding those convictions (see Crayton v. Secretary, Dept. of Corrections, Case No. 8:14-cv-2234-CEH-MAP (M.D.Fla.)), and he has not shown that he has received authorization from the Eleventh Circuit Court of Appeals to file a successive habeas petition. See 28 U.S.C. § 2244(b)(3)(A); Gilreath v. State Bd. of Pardons & Paroles, 273 F.3d 932, 933 (11th Cir. 2001). And to the extent he attempts to appeal a decision from the Florida Second District Court of Appeal affirming the denial of his 2021 motion for an evidentiary hearing by the state circuit court, federal courts do not act as appellate courts over state courts. District of Columbia 1 Case 8:21-cv-02912-WFJ-AEP Document 3 Filed 01/07/22 Page 2 of 2 PageID 29 Court of Appeals v. Feldman, 460 U.S. 462, 482–86 (1983); Rooker v. Fidelity Trust Co., 263 U.S. 413 (1923); Staley v. Ledbetter, 837 F.2d 1016, 1017 (11th Cir.1988) (“The federal courts are not a forum for appealing state court decisions.”). Accordingly: 1. The petition for the writ of habeas corpus (Doc. 1) is DISMISSED without prejudice as an unauthorized second or successive petition. 2. The Clerk must send to Mr. Crayton the Eleventh Circuit’s form for second or successive habeas corpus petitions under 28 U.S.C. § 2244(b), terminate all pending motions, and close this case. ORDERED in Tampa, Florida, on January 7, 2022. Copy to: Freddie Crayton, pro se 2

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