LORUSSO
v.
SECRETARY, DEPARTMENT OF CORRECTIONS (PINELLAS COUNTY)
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The court held that the petition for writ of habeas corpus must be dismissed without prejudice as duplicative and for issues to be raised on appeal.
Petitioner filed a habeas corpus petition challenging his state-court conviction. He had previously filed a similar petition, and the current petition…
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2258-MSS-TGW. See Daker v. Allen, No. 6:17-cv-23, 2020 WL 1486868, at *7 n.13 (S.D. Ga. Mar. 3, 2020) (“[C]ourts routinely reject attempts by prisoners to pursue multiple, essentially identical habeas petitions.” (collecting cases)), adopted by 2020 WL 1503121 (S.D. Ga. Mar. 24, 2020). To the extent that Mr. LoRusso seeks to challenge the court’s rulings in 8:22-cv-2258-MSS-TGW, he must raise those issues on appeal with the Eleventh
Circuit. Accordingly, it is ORDERED that: 1. The petition (Doc. 1) is DISMISSED without prejudice. 2. Mr. LoRusso is DENIED a certificate of appealability because he cannot show “that jurists of reason would find it debatable whether the petition states a valid claim of denial of a constitutional right, and that jurists of reason would find it debatable whether the district court was correct in its procedural ruling.” Slack
v. McDaniel, 529 U.S. 473, 478 (2000). Because Mr. LoRusso is not entitled to a certificate of appealability, he is not entitled to appeal in forma pauperis.
3. The Clerk is directed to CLOSE this case.
DONE and ORDERED in Tampa, Florida, on December 13, 2023. lieth,
UNITED STATES DISTRICT JUDGE
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