LEWIS v. SECRETARY DEPARTMENT OF CORRECTIONS

Filing 22

ORDER adopting the magistrate judge's 21 Report and Recommendation. Respondent's 15 Motion to Dismiss is GRANTED. The 1 Petition for Writ of Habeas Corpus is DISMISSED for lack of jurisdiction, as an unauthori zed second or successive habeas corpus application. The clerk is directed to close the file and to send petitioner the Eleventh Circuit's form application for leave to file a second or successive petition. A certificate of appealability is DENIED. Signed by SENIOR JUDGE ROGER VINSON on 12/29/2016. (form mailed w/order) (djb)

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
DOUGLAS WAYNE LEWIS, JR.,
Petitioner,
v.

Case No. 3:15cv512/RV/CJK

SECRETARY, DEPARTMENT OF
CORRECTIONS,
Respondent.
_____________________________/
ORDER
This cause comes on for consideration upon the Magistrate Judge’s Report and
Recommendation dated November 28, 2016. (Doc. 21). The parties have been
furnished a copy of the Report and Recommendation and have been afforded an
opportunity to file objections pursuant to Title 28, United States Code, Section
636(b)(1). No objections have been filed.
Having considered the Report and Recommendation, I have determined that the
Report and Recommendation should be adopted.
Accordingly, it is ORDERED:
1. The Magistrate Judge’s Report and Recommendation (doc. 21) is adopted
and incorporated by reference in this order.

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2. Respondent's motion to dismiss (doc. 15) is GRANTED.
3. The petition for writ of habeas corpus (doc. 1), challenging petitioner's
judgment of conviction and sentence in State of Florida v. Douglas Wayne Lewis, Jr.,
in the Circuit Court for Escambia County, Florida, Case No. 06-CF-4535, is
DISMISSED for lack of jurisdiction, as an unauthorized second or successive habeas
corpus application.
4. The clerk is directed to close the file and to send petitioner the Eleventh
Circuit's form application for leave to file a second or successive petition.
5. A certificate of appealability is DENIED.
ORDERED on this 29th day of December, 2016.
/s/ Roger Vinson
ROGER VINSON
SENIOR UNITED STATES DISTRICT JUDGE

Case No: 3:15cv512/RV/CJK