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INSIGNARES v. SECRETARY, FLORIDA DEPT. OF CORR'S

No. 12-12378.

755 F.3d 1273 (2014)

Mitchel A. INSIGNARES, Petitioner-Appellant, v. SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

June 23, 2014.

Attorney(s) appearing for the Case

Tim Bower Rodriguez , Tim Bower Rodriguez, PA, Tampa, FL, for Petitioner-Appellant.

Natalia Costea , Jill Kramer , Pam Bondi , Richard L. Polin , Attorney General's Office, Miami, FL, for Respondent-Appellee.

Before MARCUS and FAY, Circuit Judges, and HODGES, District Judge.

PER CURIAM:

Mitchel A. Insignares, a Florida prisoner, appeals the district judge's denial of his pro se petition for a writ of habeas corpus under 28 U.S.C. § 2254.1 Because resentencing by the state judge resulted in a new judgment, making this the first challenge to that new judgment, we conclude Insignares's petition is not successive. We affirm.

I. FACTUAL AND PROCEDURAL BACKGROUND

A. Underlying...

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