BAKER
v.
STATE OF FLORIDA

N.D. Fla. | 2025-04-16
No. 1:25-cv-6
District Court, N.D. Florida (2025)

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Holding

The court adopted the magistrate judge's report and recommendation, dismissing the petition without prejudice and denying a certificate of appealability.

Facts & Procedural History

Petitioner Ferdell Baker sought a writ of habeas corpus challenging his detention in a pending state criminal case. The magistrate judge recommended d…

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Topics
Motion For Change Of Venue Younger Abstention Certificate Of Appealability Habeas Corpus

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Opinion of the Court

Ferdell Baker petitioned for a writ of habeas corpus, challenging his detention in a pending state criminal case. ECF No. 1. The magistrate judge recommends dismissal without prejudice and denial of a certificate of appealability. ECF No. 9. Petitioner objected to the report and recommendation, ECF Nos. 10, 11, and moved to change venue, ECF No. 12. Having considered the report and recommendation, and having considered de novo the issues raised in Baker’s objections, I have determined the report and recommendation should be adopted.1

3. A certificate of appealability is DENIED.

4. The motion for change of venue (ECF No. 12) is DENIED.

5. The clerk will close the file.

SO ORDERED on April 16, 2025.

s/ Allen Winsor United States District Judge

Footnotes
1 When a court concludes Younger abstention is appropriate, it should stay rather than dismiss if the petitioner seeks relief that is unavailable in the state proceeding. See Deakins v. Monaghan, 484 U.S. 193, 202 (1988). Here, Baker seeks release from custody, a remedy available in the state court. And his requests for damages are not cognizable in a habeas case, as the magistrate judge noted. See ECF No. 9 at 3 n.2. Therefore, I agree with the magistrate judge that dismissal—and not a stay—is appropriate. It is now ORDERED: 1. The report and recommendation, ECF No. 9, is adopted and incorporated into this order. 2. The clerk will enter a judgment that says, “This case is dismissed without prejudice based on Younger abstention.”

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