Adkins v. Secretary, Department of Corrections (Citrus)

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA OCALA DIVISION

KENNETH MCCLELLEN ADKINS,

Petitioner,

v. Case No: 5:25-cv-246-WFJ-PRL

SECRETARY DEPARTMENT OF CORRECTIONS,

Respondent. ________________________________/

ORDER

This cause is before the Court upon sua sponte review. The Court issued an Order to Show Cause (Doc. 4) requiring Petitioner to respond by July 9, 2025. Petitioner failed to comply. ACCORDINGLY, it is hereby ORDERED: 1. This case is DISMISSED without prejudice.1

1 A dismissal without prejudice does not excuse Petitioner from the one-year period of limitation for filing a habeas corpus petition in federal court. See 28 U.S.C. § 2244(d). Petitioner should note that the one-year period of limitation is tolled during the time in which a properly filed application for state post-conviction relief is pending, see Artuz v. Bennett, 531 U.S. 4, 8–9 (2000) (defining when an application is "properly filed" under 28 U.S.C. § 2244(d)(2)); however, the time in which a federal habeas petition is pending does not toll the one-year limitation period. See Duncan v. Walker, 121 S. Ct. 2120 (2001) (holding that an application for federal habeas corpus review does not toll the one-year limitation period under § 2244(d)(2)). 2. The Clerk of Court shall close this file. DONE and ORDERED in Tampa, Florida on July 21, 2025.

WILLIAM F. a UNITED STATES DISTRICT JUDGE

Copies furnished to: Pro Se Party