MOLLICA v. WARDEN CROSS CITY CORRECTIONAL INSTITUTION

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
GAINESVILLE DIVISION
DAVID P. MOLLICA,
Petitioner,
v. Case No. 1:25-cv-113-AW-HTC
WARDEN, CROSS CITY
CORRECTIONAL INSTITUTION,
Respondent.
_______________________________/
ORDER ADOPTING REPORT AND RECOMMENDATION
Petitioner David Mollica is serving a life sentence after a 1978 murder
conviction in Florida. He petitioned this court for habeas relief. The State moved to
dismiss for lack of exhaustion. ECF No. 21. In a thorough report and
recommendation, the magistrate judge recommends the court grant that motion and
dismiss. ECF No. 27. The magistrate judge also recommends the court deny a
certificate of appealability.
Mollica filed a “Motion for Rehearing En Banc,” ECF No. 28, which I have
construed as an objection to the report and recommendation. That document includes
reargument of what was in Mollica’s response to the motion to dismiss. Indeed, the
pages (save the cover page) are identical. Compare ECF No. 26 with ECF No. 28.
Still, I have considered the issues raised in that document de novo.
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Having carefully considered the matter, I now adopt the report and
recommendation and incorporate it into this order. The motion to dismiss (ECF No.
21) is GRANTED. The clerk will enter a judgment that says, “The petition is
dismissed without prejudice for failure to exhaust.” A certificate of appealability is
denied.
The clerk will close the file.
SO ORDERED on April 13, 2026.
s/ Allen Winsor
Chief United States District Judge
Case 1:25-cv-00113-AW-HTC Document 29 Filed 04/13/26 Page 2 of 2