TAYLOR v. STATE OF FLORIDA

5:25-cv-00036Flnd1 dic 2025

Testo completo

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION
CARL TAYLOR, JR.,
Petitioner,
v. Case No. 5:25-cv-36-TKW-MAF
STATE OF FLORIDA,
Respondent.
/
ORDER
This case is before the Court based on the magistrate judge’s Report and
Recommendation (Doc. 21) and Petitioner’s objection (Doc. 22). The Court
reviewed the issues raised in the objection de novo under 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 this case should be dismissed because the
claim raised in Petitioner’s §2254 habeas petition is not exhausted and does not raise
a federal claim. The Court also agrees that a certificate of appealability and leave to
appeal in forma pauperis 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.
2. Petitioner’s §2254 habeas petition is DENIED.
Case 5:25-cv-00036-TKW-MAF Document 23 Filed 12/01/25 Page 1 of 2
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3. A certificate of appealability is DENIED.
4. Leave to appeal in forma pauperis is DENIED.
5. The Clerk shall enter judgment in accordance with this Order and close
the case file.
DONE AND ORDERED this 1st day of December, 2025.
__________________________________
T. KENT WETHERELL, II
UNITED STATES DISTRICT JUDGE
Case 5:25-cv-00036-TKW-MAF Document 23 Filed 12/01/25 Page 2 of 2

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