KING v. STATE OF FLORIDA

United States District Court for the Northern District of Florida

KING v. STATE OF FLORIDA

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA PANAMA CITY DIVISION

DARREN TARRELL KING,

Petitioner,

v. Case No. 5:24-cv-22-TKW-MAF

STATE OF FLORIDA,

Respondent. / ORDER This case is before the Court based on the magistrate judge’s Report and Recommendation (Doc. 14) and Petitioner’s objections (Doc. 15). The Court reviewed the issues raised in the objections de novo as required by

28 U.S.C. §636

(b)(1) and Fed. R. Civ. P. 72(b)(3), and based on that review, the Court agrees with the magistrate judge’s determination that Petitioner’s amended habeas petition under

28 U.S.C. §2241

should be dismissed without prejudice for failure to exhaust state remedies and based on Younger v. Harris,

401 U.S. 37

(1971). The Court also agrees that a certificate of appealability should be denied. Accordingly, it is ORDERED that: 1. The magistrate judge’s Report and Recommendation is adopted and incorporated by reference in this Order. Page 1 of 2 2. Petitioner’s amended habeas petition (Doc. 8) is DISMISSED without prejudice. 3. A certificate of appealability is DENIED. 4. The Clerk shall enter judgment in accordance with this Order and close the case file. DONE and ORDERED this Ist day of July, 2024. □□ Wood

T. KENT WETHERELL, I UNITED STATES DISTRICT JUDGE

Page 2 of 2

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