GOLDEN v. DIXON

United States District Court for the Northern District of Florida

GOLDEN v. DIXON

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA GAINESVILLE DIVISION

RALPH WARREN GOLDEN,

Petitioner,

v. Case No. 1:22-cv-146-AW-MAF

SECRETARY, DEP’T OF CORRECTIONS,

Respondent.

_______________________________/ ORDER OF DISMISSAL 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.1 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. SO ORDERED on September 6, 2022. s/ Allen Winsor United States District Judge

1 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 subject- matter jurisdiction. See Osbourne v. Sec’y, Florida Dep't of Corr.,

968 F.3d 1261, 1264

(11th Cir. 2020).

Reference

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