Opinion
Case No. 8:10-CV-837-T-30EAJ.
April 28, 2010
ORDER
This matter is before the Court upon a sua sponte review of the file. On April 9, 2010, Petitioner filed his petition for writ of habeas corpus (Dkt. 1), motion to proceed in forma pauperis (Dkt. 2), and Motion to Accept as Timely Filed (Dkt. 3). Petitioner's petition challenges state convictions entered by the Thirteenth Judicial Circuit Court, Hillsborough County, Florida, in case numbers 03-cf-5665 and 03-cf-8474 (Dkt. 1 at pg. 1).
Petitioner, however, previously filed a petition for writ of habeas corpus in this Court on March 29, 2010, challenging the same state court convictions. See Sheffield v. Secretary, Dept. of Corrections, Case No. 8:10-cv-748-T-33EAJ. Petitioner may not simultaneously challenge the same convictions in two separate actions in this Court. Therefore, because Petitioner first filed his petition in case no. 8:10-cv-748-T-33EAJ, and the Court has ordered Respondent to respond to the petition filed in that case (see case no. 8:10-cv-748 at Dkt. 4), the petition in this action will be dismissed. ACCORDINGLY, the Court ORDERS that :
1. Petitioner's petition (Dkt. 1) is DISMISSED.
2. The Clerk shall terminate any pending motions and close this case.DONE and ORDERED in Tampa, Florida.
The Court notes that in his Motion for Clarification of Conflicting Orders or in the Alternative Motion for Extension of Time, Petitioner requests voluntary dismissal of this action (Dkt. 6 at pg. 4).