FARLIN v. JONES

Filing 27

ORDER DENYING PETITIONER'S 1 PETITION FOR WRIT OF HABEAS CORPUS - Petitioner's petition for writ of habeas corpus (doc. 1 ), challenging the judgment of conviction and sentence in State of Florida v. Roderick Farli n, Leon County Circuit Court Case No. 10CF1413, is DENIED. The clerk shall enter judgment stating: "Petitioners petition for writ of habeas corpus is DENIED." A certificate of appealability is DENIED. Signed by SENIOR JUDGE WILLIAM STAFFORD on 4/5/2017. (tdl)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION

RODERICK M. FARLIN,
Petitioner,
v.

4:15cv115–WS/CJK

JULIE L. JONES,
Respondent.

ORDER DENYING PETITIONER’S PETITION
FOR WRIT OF HABEAS CORPUS
Before the court is the magistrate judge's report and recommendation (doc.
22) docketed March 2, 2017. The magistrate judge recommends that Petitioner’s
petition for writ of habeas corpus be DENIED. Petitioner has filed objections (doc.
25) to the magistrate judge’s discussion and recommendation as to Ground One of
Petitioner’s petition.
In Ground One, Petitioner argued that the state trial court lacked jurisdiction
to try him on Count I of the information because the State of Florida failed to
include his name in the body of the information for that count. On Petitioner’s

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second motion for post-conviction relief, the state circuit court rejected Petitioner’s
jurisdictional argument, finding that the information was not defective but
was—instead—in compliance with Fla. R. Crim. P. 3.140 because (1) Petitioner’s
name was included in the caption of the case, and (2) the first paragraph of body of
the information stated that “the above-named defendant” was charged with the
separately listed counts. The circuit court’s rejection of Petitioner’s argument was
summarily affirmed on appeal to the Florida First District Court of Appeal.
In addressing Ground One of Petitioner’s federal petition for writ of habeas
corpus, the magistrate judge correctly determined that the state courts’ decision
regarding the sufficiency of the challenged information was not contrary to or an
unreasonable application of clearly established federal law. Petitioner has not cited
any Supreme Court case law that would suggest otherwise.
Upon review of the record and law in light of Petitioner’s objections, the
court has determined that the magistrate judge’s report and recommendation should
be adopted. Accordingly, it is ORDERED:
1. The magistrate judge's report and recommendation (doc. 22) is adopted
and incorporated by reference in this order of the court.
2. Petitioner’s petition for writ of habeas corpus (doc. 1), challenging the

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judgment of conviction and sentence in State of Florida v. Roderick Farlin, Leon
County Circuit Court Case No. 10–CF–1413, is DENIED.
3. The clerk shall enter judgment stating: “Petitioner’s petition for writ of
habeas corpus is DENIED.”
4. A certificate of appealability is DENIED.
DONE AND ORDERED this 5th

day of

April

, 2017.

s/ William Stafford
WILLIAM STAFFORD
SENIOR UNITED STATES DISTRICT JUDGE