Thomas v. State of Florida

Filing 4

REPORT AND RECOMMENDATIONS on 28 USC 2254 case re 1 Complaint filed by Oliver Thomas; Recommending this lower numbered case be dismissed as duplicative. Objections to R&R due by 3/22/2010. Signed by Magistrate Judge Patrick A. White on 3/4/2010. (br)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 10-20577-CIV-LENARD MAGISTRATE JUDGE P. A. WHITE OLIVER THOMAS, Petitioner, v. STATE OF FLORIDA, : : : : REPORT OF MAGISTRATE JUDGE

Respondent. : ______________________________ The pro-se petitioner, Oliver Thomas, filed a petition for writ of habeas corpus on February 24, 2010, case no. 10-20577-CivLenard. The petition was signed under penalty of perjury on February 16, 2010.

This case is a duplicate of a higher numbered case, 10-20621Civ-Jordan, signed under penalty of perjury on the same date, February 16, 2010, but filed on March 2, 1010.

Ordinarily, the case filed on the later date, and with a higher number would be dismissed. However, in this case, the higher numbered case contains a motion to proceed in forma pauperis and a memorandum of law. To avoid further duplication, it is less complicated to dismiss the low numbered case. As both petitions were signed on the same day, the statute of limitations will not be affected.

It is therefore recommended that this lower numbered case be dismissed as duplicative.

Dated this 4th day of March, 2010.

______________________________ UNITED STATES MAGISTRATE JUDGE

cc:

Oliver Thomas, Pro Se M34440 NWFRC Address of Record

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