IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

GAINESVILLE DIVISION

WILLIE N. MATHIS,

Petitioner,

v. CASE NO. 1:11-cv-70-MP-GRJ

STATE OF FLORIDA,

Respondent.

_____________________________/

REPORT AND RECOMMENDATION

This matter is before the Court on a document filed by Plaintiff entitled “Motion

For Rule 60(b)(4),” which the Court construes as a petition for a writ of habeas corpus.

(Doc. 1.) Plaintiff, who is currently incarcerated in the Alachua County Jail, complains

that a Florida state court has falsely imprisoned/kidnapped him for monetary benefits

and discriminated against him by denying his right to have his claims heard. Plaintiff

complains that the denial of his requests for rehearing and rehearing en banc by the

Florida First District Court of Appeal are clear cases of discrimination against Plaintiff

based upon his race. 

It is clear that the gravamen of Plaintiff’s complaints regarding his purported false

imprisonment and kidnapping underlie his 2005 convictions in Baker County for driving

with a suspended and revoked license and for possession of cocaine. Plaintiff believes

that he was falsely imprisoned on those charges. Plaintiff previously filed a petition for

a writ of habeas corpus challenging his Baker County convictions in the U.S. District

Court for the Middle District of Florida in Case No. 3:10-cv-1191-MMH-MCR, a case

that is still pending. Plaintiff has also filed at least five lawsuits in the U.S. District Court

Case 1:11-cv-00070-MP-GRJ Document 3 Filed 04/28/11 Page 1 of 2
for the Middle District of Florida similar to the instant action challenging his

imprisonment based on the Baker County conviction, each of which has been

dismissed. (Case No. 3:08-cv-93-HLA-TEM Doc. 4; Case No. 3:10-cv-1190-MMH-TEM

Doc. 6; Case No. 3:10-cv-554-HES-TEM Doc. 3; Case No. 3:10-cv-589-MMH-MCR

Doc. 3; Case. No. 3:10-cv-663-HWM-JBT Doc. 12.) To the extent that Plaintiff is again

attempting to challenge his imprisonment based upon the charges of which he was

convicted in Baker County, then this Court has no jurisdiction over his petition for a writ

habeas corpus because this Court does not possess jurisdiction to review the decisions

of the First District Court of Appeal. Insofar as Plaintiff wishes to challenge those 1

convictions, he may do so in his petition for a writ of habeas corpus that is currently

pending in the U.S. District Court for the Middle District of Florida in Case No. 3:10-cv1191-MMH-MCR. Accordingly, it is respectfully RECOMMENDED that the motion be

DENIED and that this case be DISMISSED WITHOUT PREJUDICE.

IN CHAMBERS, at Gainesville, Florida, this 28 day of April, 2011. th

s/ Gary R. Jones 

GARY R. JONES

United States Magistrate Judge

NOTICE TO THE PARTIES

A party may file specific, written objections to the proposed findings and

recommendations within 14 days after being served with a copy of this report and

recommendation. A party may respond to another party’s objections within 14

days after being served with a copy thereof. Failure to file specific objections

limits the scope of review of proposed factual findings and recommendations.

 Indeed, Plaintiff should be well-aware of the fact that neither this Court nor the U.S. District Court 1

for the Middle District of Florida have the authority to review orders entered by Florida state courts. In the

Order dismissing Case No. 3:10-cv-554-HES-TEM, the U.S. District Court for the Middle District of Florida

noted that “Clearly, this Court does not have jurisdiction to review an opinion entered by the First District

Court of Appeal.” (Case No. 3:10-cv-554-HES-TEM Doc. 3 p. 1.) Similarly, the Order dismissing Case No.

3:08-cv-93-HLA-TEM noted that “Clearly, this Court does not have jurisdiction to review an Order entered

by the Supreme Court of Florida.” (Case No. 3:08-cv-93-HLA-TEM Doc. 4 p. 1.)

Case 1:11-cv-00070-MP-GRJ Document 3 Filed 04/28/11 Page 2 of 2