Opinion
1:22-cv-146-AW-MAF
09-06-2022
RALPH WARREN GOLDEN, Petitioner, v. SECRETARY, DEP'T OF CORRECTIONS, Respondent.
ORDER OF DISMISSAL
Allen Winsor, United States District Judge
I have considered the magistrate judge's August 2, 2022 Report and Recommendation. ECF No. 7. No objections have been filed. I agree with the magistrate judge that the § 2254 petition must be dismissed for lack of jurisdiction. I now adopt and incorporate the Report and Recommendation into this order. The clerk will enter a judgment that says, “The § 2254 petition is dismissed for lack of subject-matter jurisdiction.” The clerk will then close the file.
Subject to one exception: I do not adopt the discussion regarding a certificate of appealability. That is not at issue here because the dismissal is for lack of subjectmatter jurisdiction. See Osbourne v. Sec'y, Florida Dep't of Corr., 968 F.3d 1261, 1264 (11th Cir. 2020).
SO ORDERED.