Floyd v. Secretary, Department of Corrections

Full title: FRANKLIN D. FLOYD, Petitioner, v. SECRETARY, Department of Corrections…

Court: United States District Court, M.D. Florida, Tampa Division

Date published: Apr 22, 2010

Case No. 8:10-cv-951-T-23EAJ (M.D. Fla. Apr. 22, 2010)

Opinion

Case No. 8:10-cv-951-T-23EAJ.

April 22, 2010

ORDER

STEVEN MERRYDAY, District Judge

Floyd's pro se document is construed as a petition for the writ of habeas corpus pursuant to 28 U.S.C. § 2254 challenging the validity of a sentence of death. In another case, 8:06-cv-1402-T-27TGW, Floyd, through counsel, is challenging the same conviction and sentence. Floyd cannot simultaneously challenge the same sentence in separate cases.

Accordingly, the pro se document, construed as a petition for the writ of habeas corpus pursuant to 28 U.S.C. § 2254, is DISMISSED without prejudice as redundant to 8:06-cv-1402-T-27TGW. The clerk shall close this case.

ORDERED in Tampa, Florida.