EVANS v. SANTA ROSA COUNTY FLORIDA

Filing 14

AMENDED ORDER AS TO 12 Order Adopting Report and Recommendation. Amended to include petitioner's claims relating to his present confinement are DISMISSED WITHOUT PREJUDICE for failure to exhaust state court remedies. Signed by SENIOR JUDGE LACEY A COLLIER on 8/16/2017. (alb)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
MICHAEL A EVANS,
Petitioner,
v.

CASE NO. 3:17-cv-1-LC-GRJ

SANTA ROSA COUNTY,
Respondent.
_____________________________/
ORDER
This cause comes on for consideration upon the magistrate judge’s Report
and Recommendation dated June 23, 2017 (ECF No. 9). 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 now ORDERED as follows:
1.

The magistrate judge’s Report and Recommendation is adopted and

incorporated by reference in this Order.
2. With respect to Petitioner’s challenge to his 2004 Okaloosa County

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misdemeanor conviction, the Petition (ECF No. 8) is successive and is
DISMISSED for lack of jurisdiction because Petitioner has not obtained
authorization from the Eleventh Circuit Court of Appeals to file a successive
habeas petition.
3. With respect to Petitioner’s challenge to his present confinement
stemming from charges of driving on a suspended license, Petitioner concedes that
he has not yet exhausted state court remedies and has postconviction motions
pending in state court. Therefore, Petitioner’s claims in the Petition (ECF No. 8)
relating to his present confinement are DISMISSED without prejudice for failure
to exhaust state-court remedies.
4. A Certificate of Appealability is DENIED.
DONE AND ORDERED this 16th day of August 2017.

_s/L.A. Collier
LACEY A. COLLIER
SENIOR UNITED STATES DISTRICT JUDGE