SWEARENGIN v. SECRETARY DEPARTMENT OF CORRECTIONS

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION
GLENN MICHAEL SWEARENGIN,
Petitioner,
v. Case No. 5:26-cv-219-TKW-HTC
SECRETARY DEPARTMENT OF
CORRECTIONS,
Respondent.
_________________________________/
ORDER
This case is before the Court based on the magistrate judge’s Report and
Recommendation (Doc. 11). No objections were filed.
Upon due consideration of the Report and Recommendation, the Court agrees
with the magistrate judge’s determination that, rather than being stayed, this case
should be dismissed without prejudice to re-filing once Petitioner exhausts the
unexhausted claims in his §2254 petition. Accordingly, it is
ORDERED that:
1. The Report and Recommendation is adopted and incorporated by
reference into this Order.
2. This case is DISMISSED without prejudice for failure to exhaust state
remedies.
Case 5:26-cv-00219-TKW-HTC Document 12 Filed 10/13/26 Page 1 of 2

2
3. The Clerk shall enter judgment in accordance with this Order and close
the case file.
DONE and ORDERED this 13th day of October, 2026.
_________________________________
T. KENT WETHERELL, II
UNITED STATES DISTRICT JUDGE
Case 5:26-cv-00219-TKW-HTC Document 12 Filed 10/13/26 Page 2 of 2