O'Connor v. Secretary, Department of Corrections

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 22-cv-62420-BLOOM NYKA O’CONNOR, Petitioner, v. FLORIDA DEPARTMENT OF CORRECTIONS, Respondent. / ORDER DENYING MOTION FOR RECONSIDERATION THIS CAUSE is before the Court on Petitioner Nyka O’Connor’s Motion for Reconsideration, ECF No. [18], filed on January 18, 2023. For the following reasons, the motion is denied.

In its December 29, 2022 Order Dismissing Petition, the Court confirmed that the Petition, ECF No. [1], was “second or successive” within the meaning of 28 U.S.C. § 2244(b). See ECF No. [17] at 2. Therefore, the Court lacks jurisdiction to decide this case and to grant Petitioner’s Motion for Reconsideration, absent authorization from the United States Court of Appeals for the Eleventh Circuit. See Gonzalez v. Sec’y for the Dep’t. of Corr., 366 F.3d 1253, 1297-98 (11th Cir. 2004) (en banc) (citing United States v. Winestock, 340 F.3d 200, 207-09 (4th Cir. 2003)).

Accordingly, it is ORDERED AND ADJUDGED that Petitioner’s Motion for Reconsideration, ECF No. [18], is DENIED. The case shall remain closed.

Case No. 22-cv-62420-BLOOM DONE AND ORDERED in Chambers at Miami, Florida, on January 24, 2023.

BETH BLOOM UNITED STATES DISTRICT JUDGE Copies to: Nyka O'Connor 199579 Apalachee Correctional Institution East Inmate Mail/Parcels Apalachee Drive Sneads, FL 32460 PRO SE