GARDNER v. FLORIDA DEPARTMENT OF CORRECTIONS

Filing 6

ORDER ACCEPTING REPORT AND RECOMMENDATION AND DISMISSING 1 Petition for Writ of Habeas Corpus filed by SAMUEL JOSEPH GARDNER. The clerk is directed to send Petitioner the forms necessary to seek authorization from the Eleventh Circuit Court of Appeals to file a second or successive petition. Signed by JUDGE MARK E WALKER on 1/3/18. (bkp)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA GAINESVILLE DIVISION SAMUEL JOSEPH GARDNER, Petitioner, v. Case No. 1:17cv298-MW/GRJ SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, Respondent. _________________________/ ORDER ACCEPTING REPORT AND RECOMMENDATION This Court has considered, without hearing, the Magistrate Judge's Report and Recommendation, ECF No. 4, and has also reviewed de novo Petitioner’s objections to the report and recommendation, ECF No. 5. Accordingly, IT IS ORDERED: The report and recommendation is accepted and adopted, over Petitioner’s objections, as this Court’s opinion. The Clerk shall enter judgment stating, “The petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254, ECF No. 1, is DISMISSED for lack of jurisdiction. The Clerk is directed to send Petitioner the forms necessary to seek authorization from the Eleventh Circuit Court of Appeals to 1 file a second or successive petition.” The Clerk shall close the file. SO ORDERED on January 3, 2018. s/Mark E. Walker ____ United States District Judge 2

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