Spear v. Secretary, Department of Corrections (Pasco County)

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION STEVEN A. SPEAR, Petitioner, Case No. 8:21-cv-1502-WFJ-JSS STATE OF FLORIDA, Respondent. / ORDER Before the Court is Mr. Spear’s! Notice of Appeal (Doc. 1). To the extent he is attempting to appeal a decision from the Florida Second District Court of Appeal to this Court, federal courts do not act as appellate courts over state courts. District of Columbia Court of Appeals v. Feldman, 460 U.S. 462, 482-86 (1983); Rooker v. Fidelity Trust Co., 263 U.S. 413 (1923); Staley v. Ledbetter, 837 F.2d 1016, 1017 (11th Cir.1988) (“The federal courts are not a forum for appealing state court decisions.”). Accordingly, this action is DISMISSED. The Clerk must close the case. ORDERED in Tampa, Florida on June 28, 2021. lieth, UNITED STATES DISTRICT JUDGE Copy to: Steven A. Spear, pro se

1 According to the Florida Department of Corrections website, Mr. Spear was convicted of multiple counts of sexual battery, for which his is serving life in prison.