ELLIS v. STATE OF FLORIDA
||STATE OF FLORIDA
||August 20, 2007
||US District Court for the Northern District of Florida
||STEPHAN P MICKLE
||WILLIAM C SHERRILL
|Nature of Suit:
||Habeas Corpus (General)
|Cause of Action:
||28:2254 Petition for Writ of Habeas Corpus (State)
|Jury Demanded By:
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|December 29, 2008
ORDER ADOPTING REPORT AND RECOMMENDATION 25 Report and Recommendation; GRANTING 17 Motion to Dismiss filed by STATE OF FLORIDA, JAMES MCDONOUGH,. Signed by JUDGE STEPHAN P MICKLE on 12/29/2008. The petition is dismissed without prejudice for failure to exhaust state court remedies. (Mailed copy of this order and the R&R to Assistant Public Defender Joel Arnold.) (kdm)
|November 6, 2008
REPORT AND RECOMMENDATION re 17 MOTION to Dismiss filed by STATE OF FLORIDA, JAMES MCDONOUGH, 1 Petition for Writ of Habeas Corpus filed by JEREMY ELLIS :It is therefore respectfully RECOMMENDED that Respondent's motion to dismiss doc. 17 be GRANTED, and the § 2254 petition for writ of habeas corpus filed by Jeremy Ellis, challenging judgments out of the Second Judicial Circuit, Leon County, case numbers 2005CF964, 2005CF991, and 2005CF1073. 2003CF13A1, be DISM ISSED WITHOUT PREJUDICE for failure to exhaust available state court remedies. It is further RECOMMENDED that the clerk be directed to forward a copy of this recommendation and the order adopting it to Assistant Public Defender Joel Arnold, 301 S. Monroe Street, Suite 401, Tallahassee FL 32301, for his information. Internal deadline for referral to district judge if objections are not filed earlier: 12/4/2008.. Signed by MAGISTRATE JUDGE WILLIAM C SHERRILL, JR on 11/6/08. (dlt)
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