U.S. Court of Appeals for the Eleventh Circuit, 2006

Spencer L. Speights v. James Crosby

Spencer L. Speights v. James Crosby
U.S. Court of Appeals for the Eleventh Circuit · Decided March 20, 2006

Spencer L. Speights v. James Crosby

Opinion

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS FILED FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS ________________________ ELEVENTH CIRCUIT MARCH 20, 2006 No. 04-16434 THOMAS K. KAHN Non-Argument Calendar CLERK ________________________ D. C. Docket No. 02-00002-CV-5-LAC-EMT SPENCER L. SPEIGHTS,

Petitioner-Appellant, versus JAMES CROSBY, CHARLES CRIST,

Respondents-Appellees.

________________________ Appeal from the United States District Court for the Northern District of Florida _________________________ (March 20, 2006) Before DUBINA, BLACK and BARKETT, Circuit Judges.

PER CURIAM: Appellant Spencer L. Speights (“Speights”), a Florida prisoner serving an enhanced life sentence for robbery with a firearm, appeals pro se the district court’s denial of his motion for entry of judgment as to a motion for summary judgment he had filed as part of his petition for writ of habeas corpus brought under 28 U.S.C. § 2254. Because the record demonstrates that the district court entered final judgment as to Speights’s habeas petition, we conclude that the district court properly denied Speights’s motion for entry of judgment as unnecessary since the claims as addressed were rendered moot by the earlier final judgment on the habeas petition. Accordingly, we affirm the district court’s order denying Speights’s pro se motion for entry of judgment as to a motion for summary judgment that he had filed as part of his petition for writ of habeas corpus brought under 28 U.S.C. § 2254.

AFFIRMED.

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