Filing 4

ORDER - Pet's 2 MOTION for Leave to Proceed IFP is GRANTED for the limited purpose of dismissing this action. **REPORT AND RECOMMENDATION - 1) That the 1 Petition for Writ of Habeas Corpus be Dismissed w/o prejudice for la ck of jurisdiction. 2) That the clerk be directed to close this file and send Pet the Eleventh Circuit's form application for leave to file a second or successive Petition. 3) That a certificate of appealability be DENIED. Signed by MAGISTRATE JUDGE MILES DAVIS on 10/27/2010. **Internal deadline for referral to district judge if objections are not filed earlier: 11/24/2010. (laj)

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