Opinion
Case No.: 5:14cv276/RS/EMT
11-12-2014
STEVE MATTISON, Petitioner, v. STATE OF FLORIDA, Respondent.
REPORT AND RECOMMENDATION
This cause is before the court on Petitioner's petition for writ of habeas corpus and supporting memorandum, filed under 28 U.S.C. § 2254 (docs. 1, 2). He also filed a motion to proceed in forma pauperis (doc. 3). The petition is identical to the petition filed in Mattison v. State of Florida, Case Number 5:14cv227/RV/CJK, and appears to be the service copy which the court directed Petitioner to provide in that case. See Mattison v. State of Florida, Case No. 5:14cv227/RV/CJK, Order (N.D. Fla. Sept. 16, 2014). As Petitioner's earlier-dated petition has been filed and is pending, the instant action should be dismissed as duplicative.
Accordingly it is respectfully RECOMMENDED:
1. That this case be DISMISSED as duplicative of Mattison v. State of Florida, Case Number 5:14cv227/RV/CJK.
2. That the clerk be directed to close this file.
At Pensacola, Florida this 12th day of November 2014.
/s/ Elizabeth M. Timothy
ELIZABETH M. TIMOTHY
CHIEF UNITED STATES MAGISTRATE JUDGE
NOTICE TO THE PARTIES
Any objections to these proposed findings and recommendations must be filed within fourteen days after being served a copy hereof. Any different deadline that may appear on the electronic docket is for the court's internal use only, and does not control. A copy of any objections shall be served upon any other parties. Failure to object may limit the scope of appellate review of factual findings. See 28 U.S.C. § 636; United States v. Roberts, 858 F.2d 698, 701 (11th Cir. 1988).