Opinion
Case No. 8:10-cv-1168-T-23MAP.
June 2, 2010
ORDER
Paulin petitions for the writ of habeas corpus pursuant to 28 U.S.C. § 2241 and seeks release from detention until the conclusion of his federal criminal proceeding, 8:10-cr-54-T-23AEP, which is pending in this district. Paulin acknowledges that he filed a similar petition in his criminal case and represents that he files this second petition because no ruling has issued on his first petition. Commencing this second petition in a separate civil case is inappropriate.
Accordingly, the petition for the writ of habeas corpus pursuant to 28 U.S.C. § 2241 is DISMISSED without prejudice. A similar petition is pending in Paulin's criminal case, 8:10-cr-54-T-23AEP. The clerk shall close this civil case.
ORDERED in Tampa, Florida.