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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