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OSBOURNE v. SECRETARY, FL DEPT. OF CORRECTIONS

No. 18-11004.

968 F.3d 1261 (2020)

Demetrius OSBOURNE, Petitioner-Appellant, v. SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, Attorney General, State of Florida, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

August 7, 2020.

Attorney(s) appearing for the Case

Randee J. Golder , Randee J. Golder, PA, BOYNTON BEACH, FL, for Petitioner-Appellant.

Melynda Layne Melear , Melanie Dale Surber , Attorney General's Office, WEST PALM BEACH, FL, Pain Bondi , Office of the Attorney General, TALLAHASSEE, FL, for Respondents-Appellees.

Before ROSENBAUM, JILL PRYOR, and BRANCH, Circuit Judges.

Demetrius Osbourne, a Florida prisoner, appeals the district court's dismissal of his 28 U.S.C. § 2254 petition for a writ of habeas corpus for lack of jurisdiction as an unauthorized second or successive petition. He argues on appeal that his petition was not second or successive because a new judgment was entered in...

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