WHARTON v. DIXON

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
GAINESVILLE DIVISION
JASON TREVON WHARTON,
Petitioner,
v. Case No. 1:25-cv-337-AW-MJF
RICKY DIXON,
Respondent.
_______________________________/
ORDER ADOPTING REPORT AND RECOMMENDATION
Petitioner Jason Trevon Wharton filed a § 2254 petition for writ of habeas
corpus. The magistrate judge recommends dismissal for lack of jurisdiction because
the petition is a second or successive petition. ECF No. 5. In response, Wharton
acknowledges his is a successive petition; his claim is that there is newly discovered
evidence. ECF No. 8. Even if there is, though, this court lacks jurisdiction unless
Wharton obtains authorization from the Circuit Court to proceed.
Wharton acknowledges this court lacks jurisdiction. He nonetheless asks the
court to stay the case while he seeks authority to proceed. But he offers no authority
under which this court could stay a matter over which it has no jurisdiction. The
court must dismiss. Because the dismissal is for lack of jurisdiction, it will be without
prejudice.
Having considered the matter de novo, I now adopt the report and
recommendation and incorporate it into this order. The clerk will enter a judgment
Case 1:25-cv-00337-AW-MJF Document 9 Filed 11/17/25 Page 1 of 2

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that says, “The § 2254 petition is dismissed without prejudice for lack of
jurisdiction.” The clerk will then close the file.
SO ORDERED on November 17, 2025.
s/ Allen Winsor
Chief United States District Judge
Case 1:25-cv-00337-AW-MJF Document 9 Filed 11/17/25 Page 2 of 2