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17-20406 - CAMPBELL v. SECRETARY OF FLORIDA DEPARTMENT OF CORRECTIONS


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17-20406 - CAMPBELL v. SECRETARY OF FLORIDA DEPARTMENT OF CORRECTIONS
February 3, 2017
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REPORT AND RECOMMENDATIONS on 28 USC 2254 case re 1 Application/Petition (Complaint) for Writ of Habeas Corpus filed by James Bernard Campbell. Recommending that this petition for habeas corpus relief be dismissed for lack of jurisdiction for failure of the petitioner to obtain from the Eleventh Circuit Court of Appeals the authorization required by 28 U.S.C. ยง2244(b)(3) with regard to the challenges to his convictions and sentences; that no certificate of appealability issue; and, that this case be closed.. Objections to R&R due by 2/17/2017 Signed by Magistrate Judge Patrick A. White on 2/2/2017. (tw)
April 13, 2017
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ORDER ADOPTING REPORT AND RECOMMENDATIONS re 7 Report and Recommendations. The Petition for Writ of Habeas Corpus (ECF No. 1) is dismissed without prejudice, to be re-filed if the Eleventh Circuit Court of Appeals grants Campbell's application for leave to file a successive habeas corpus petition. The Court denies Campbell's motion challenging the Court's subject matter jurisdiction (ECF No. 11) and denies Campbell's motion for certificate of appealability (ECF No. DE 13). All other pending motions are denied as moot. The Court directs the Clerk to close this case. Signed by Judge Robert N. Scola, Jr on 4/12/2017. (mc) NOTICE: If there are sealed documents in this case, they may be unsealed after 1 year or as directed by Court Order, unless they have been designated to be permanently sealed. See Local Rule 5.4 and Administrative Order 2014-69.