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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Page 1 of 2 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 Page 2 of 2 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

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