JONES v. STATE OF FLORIDA

Filing 7

ORDER DENYING 6 MOTION for Leave to Proceed in forma pauperis filed by AUSTIN CAREY JONES. Case is DISMISSED. Signed by SENIOR JUDGE MAURICE M PAUL on 8/10/2010. (jws)

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Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA GAINESVILLE DIVISION AUSTIN CAREY JONES, Petitioner, v. STATE OF FLORIDA, Respondent. _____________________________/ ORDER This matter is before the Court on Doc. 5, an amended petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254, and Doc. 6, a motion for leave to proceed as a pauper. Petitioner challenges his 2005 Alachua County convictions for sexual battery and unlawful sexual activity with certain minors. Petitioner concedes that he was previously denied relief under 2254 with respect to the same convictions. See Doc. 5 at 3; Jones v. McDonough, Case No. 1:07-cv-173-MP-AK, Docs. 22, 32, 40 (N.D. Fla.) (orders denying petition and COA, and Eleventh Circuit order denying COA). Pursuant to 28 U.S.C. 2244(b)(3)(A), this Court cannot consider a second or successive habeas petition until a panel of the Eleventh Circuit has authorized its filing. There is no indication that Petitioner has satisfied the requirements for filing this case, and thus, it is not CASE NO. 1:10-cv-00135-MP-AK Page 2 of 2 properly before this Court for consideration. Accordingly, it is ORDERED AND ADJUDGED: 1. 2. That the motion to proceed as a pauper, Doc. 6, is DENIED That this case is DISMISSED, and the Clerk is directed to close the file. 10th day of August, 2010 DONE AND ORDERED this s/Maurice M. Paul Maurice M. Paul, Senior District Judge Case No: 1:10-cv-00135-MP-AK

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