3:25-cv-02229•JACKSON v. DIXON
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Page 1 of 5 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION MARCUS D. JACKSON, Petitioner, v. Case No. 3:25-cv-2229-AW-MJF RICKY DIXON, Respondent. ____________________________/ REPORT AND RECOMMENDATION Marcus Jackson, proceeding pro se, has filed a petition for writ of habeas corpus under 28 U.S.C. § 2254. Doc. 1. The undersigned concludes that the petition should be dismissed summarily for lack of jurisdiction, because the petition is an unauthorized “second or successive” habeas corpus application. J ACKSON ’S P ETITION Jackson (DC #P30790) is an inmate of the Florida Department of Corrections housed at the Okaloosa Correctional Institution. Doc. 1. Jackson is challenging his conviction and life sentence for first-degree murder by drug distribution, in Escambia County Circuit Court Case No. Case 3:25-cv-02229-AW-MJF Document 6 Filed 11/12/25 Page 1 of 5
Page 2 of 5 2016-CF-3523. Jackson’s petition raises one claim: “Actual Innocence: The State failed to establish causation in the Indictment or proved it at trial.” Doc. 1 at 5 in ECF. Jackson admits, and the Northern District of Florida’s records confirm, that Jackson previously filed a § 2254 petition in this District Court challenging the same judgment. Doc. 1 at 12 in ECF; see also Jackson v. Dixon, No. 3:24-cv-520-LC-MJF.1 That § 2254 petition was denied on June 9, 2025. Jackson, 2025 WL 1643752 (N.D. Fla.), report and recommendation adopted, 2025 WL 1638182 (N.D. Fla. June 9, 2025). The Northen District of Florida’s records also reflect that Jackson filed a second § 2254 petition in this District Court challenging the same judgment. See Jackson v. Dixon, Case No. 3:25-cv-1117-LC-HTC. That petition was summarily dismissed on August 22, 2025, for lack of jurisdiction because it was an unauthorized successive petition. See 1 The court takes judicial notice of its own records. See Fed. R. Evid. 201; United States v. Rey, 811 F.2d 1453, 1457 n. 5 (11th Cir. 1987). Case 3:25-cv-02229-AW-MJF Document 6 Filed 11/12/25 Page 2 of 5
Page 3 of 5 Jackson, 2025 WL 2434977 (N.D. Fla.), report and recommendation adopted, 2025 WL 2432203 (N.D. Fla. Aug. 22, 2025). Jackson now seeks to challenge the same judgment a third time. Jackson applied to the United States Court of Appeals for the Eleventh Circuit seeking authorization to file a successive petition raising his “actual innocence” claim. The Eleventh Circuit, however, denied authorization and dismissed Jackson’s application “because Jackson only presents a claim that was raised in his initial § 2254 petition.” See In re Marcus Jackson, No. 25-12963, Doc. 2 at 4 (11th Cir. Sept. 4, 2025) (copy docketed in 3:25-cv-1117-LC-HTC, Doc. 9). D ISCUSSION “Before a second or successive [habeas corpus] application . . . is filed in the district court, the applicant shall move in the appropriate court of appeals for an order authorizing the district court to consider the application.” 28 U.S.C. § 2244(b)(3)(A); see also Rule 9, Rules Governing Section 2254 Cases in the United States District Courts (2019) (“Before presenting a second or successive petition, the petitioner must obtain an order from the appropriate court of appeals authorizing the district court Case 3:25-cv-02229-AW-MJF Document 6 Filed 11/12/25 Page 3 of 5
Page 4 of 5 to consider the petition as required by 28 U.S.C. § 2244(b)(3) and (4).”). A district court lacks jurisdiction to consider a “second or successive” habeas corpus petition that was not previously authorized by an appellate court. Burton v. Stewart, 549 U.S. 147, 152, 157 (2007) (district court lacked jurisdiction to entertain petitioner’s second habeas corpus petition because petitioner failed to obtain order from court of appeals authorizing it); Fugate v. Dep’t of Corr., 301 F.3d 1287, 1288 (11th Cir. 2002) (same). Jackson’s present § 2254 petition is a “second or successive” habeas corpus application. The record establishes that Jackson has not received the Eleventh Circuit’s authorization to file this petition. Jackson’s failure to receive the requisite authorization operates as a jurisdictional bar that requires dismissal of this case. See Burton, 549 U.S. at 152. C ONCLUSION For the reasons set forth above, the undersigned respectfully RECOMMENDS that the District Court: 1. DISMISS Jackson’s § 2254 petition without prejudice for lack of jurisdiction. Case 3:25-cv-02229-AW-MJF Document 6 Filed 11/12/25 Page 4 of 5
Page 5 of 5 2. DIRECT the clerk of court to close this case file. At Panama City, Florida, this 12th day of November, 2025. /s/ Michael J. Frank Michael J. Frank United States Magistrate Judge NOTICE TO THE PARTIES The District Court referred this case to a magistrate judge to make recommendations regarding dispositive matters. See 28 U.S.C. § 636(b)(1)(B), (C). Objections to these proposed findings and recommendations must be filed within fourteen days of the date of the report and recommendation. Any different deadline that may appear on the electronic docket is for the court’s internal use only. A party must serve a copy of any objections on all other parties. A party who fails to object to this report and recommendation waives the right to challenge on appeal the District Court’s order based on unobjected-to factual and legal conclusions. See 11th Cir. R. 3-1; 28 U.S.C. § 636. The parties also are advised that if they dispute the accuracy of any judicially-noticed fact, or if they otherwise wish to be heard on the propriety of the District Court taking judicial notice of that fact, they must raise this issue in an objection to this report and recommendation. Case 3:25-cv-02229-AW-MJF Document 6 Filed 11/12/25 Page 5 of 5
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