Page 1 of 2 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION

LEON FRANKLIN, JR., Petitioner,

v. 4:23cv497–WS/MJF RICKY D. DIXON, Respondent.

ORDER DISMISSING PETITIONER'S PETITION FOR WRIT OF HABEAS CORPUS Before the court is the magistrate judge's report and recommendation (ECF No. 3) dated November 17, 2023. The magistrate judge recommends that Petitioner's petition for writ of habeas corpus be dismissed as an unauthorized

petition challenging his judgment in state court case number 1995–CF–131. Petitioner has filed objections (ECF No. 6) to the report and recommendation. In his objections, Petitioner suggests that his current habeas petition—his

third such petition challenging the same state-court judgment—should not be dismissed because he is now raising an issue that was not raised previously, namely a “botched” plea deal. A motion is “second or successive” when the Page 2 of 2 “petitioner could have raised his or her claim for relief in an earlier filed motion, but without a legitimate excuse, failed to do so.” Pajes-Lastra v. United States,

Case No. 22–10226,

, at *1 (11th Cir. July 18, 2022). Here, because Petitioner has not shown a “legitimate excuse” for his failure to previously raise the issue he now raises, and because Petitioner has not been granted leave by

the Eleventh Circuit to file a second or successive habeas corpus petition, this court lacks the authority to consider Petitioner's current petition. Accordingly, it is ORDERED: 1. The magistrate judge's report and recommendation (ECF No. 3) is hereby

ADOPTED and incorporated by reference into this order. 2. Petitioner's § 2254 petition for writ of habeas corpus is DISMISSED as an unauthorized successive petition over which this court lacks jurisdiction.

3. The clerk shall enter judgment stating: "All claims are dismissed for lack of jurisdiction.” DONE AND ORDERED this 12th day of January , 2024.

s/ William Stafford WILLIAM STAFFORD SENIOR UNITED STATES DISTRICT JUDGE