JACKSON v. MCNEIL

Filing 6

REPORT AND RECOMMENDATION TO DISMISS 2254 PETITION re 1 Petition for Writ of Habeas Corpus filed by MICHAEL A JACKSON :It is therefore respectfully RECOMMENDED that the instant § 2254 petition, challenging Petitioner's convictions and life sentences for armed robbery, imposed by the Second Judicial Circuit, Leon County, be SUMMARILY DISMISSED as Petitioner has a § 2254 petition challenging the same judgment is pending in Case No. 4:09cv131-MP/WCS. Internal deadline for referral to district judge if objections are not filed earlier: 9/10/2009. R&R flag set. Signed by MAGISTRATE JUDGE WILLIAM C SHERRILL, JR on 08/13/09. (dlt)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION MICHAEL A. JACKSON, Petitioner, vs. WALTER McNEIL, Respondent. _________________________________/ REPORT AND RECOMMENDATION TO DISMISS § 2254 PETITION Petitioner filed a pro se petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 and supporting memorandum. Docs. 1 and 2. He paid the filing fee. This Petitioner filed an earlier § 2254 petition challenging the same four convictions and life sentences for robbery imposed by the Second Judicial Circuit, Leon County, case numbers 02-1404, 02-1504, 02,-1460, and 02-1573. Jackson v. State of Florida, Case No. 4:09cv131-MP/WCS. That petition was filed on April 7, 2009. Petitioner filed this petition, believing that "petition was not [accepted] / processed because Defendant was not able to pay the filing fee due to him not having access to his inmate account." Doc. 1 in this case, p. 14. No claims are raised here which are not raised in the other case. Compare docs. 1 and 2 of both files. 4:09cv217-RH/WCS

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The history of that case is set forth in a separate report and recommendation, signed at the same time as this one, recommending summarily dismissal under the one year limitations period for filing a § 2254 petition. Petitioner should proceed in that case by filing any additional arguments or objections; he is not entitled to pursue two identical petitions at the same time. This petition should be summarily dismissed as redundant. It is therefore respectfully RECOMMENDED that the instant § 2254 petition, challenging Petitioner's convictions and life sentences for armed robbery, imposed by the Second Judicial Circuit, Leon County, be SUMMARILY DISMISSED as Petitioner has a § 2254 petition challenging the same judgment is pending in Case No. 4:09cv131MP/WCS. IN CHAMBERS at Tallahassee, Florida, on August 13, 2009.

S/ William C. Sherrill, Jr. WILLIAM C. SHERRILL, JR. UNITED STATES MAGISTRATE JUDGE

NOTICE TO THE PARTIES A party may file specific, written objections to the proposed findings and recommendations within 15 days after being served with a copy of this report and recommendation. A party may respond to another party's objections within 10 days after being served with a copy thereof. Failure to file specific objections limits the scope of review of proposed factual findings and recommendations.

Case No. 4:09cv217-RH/WCS