Spencer L. Speights v. James Crosby, No. 04-16434 (11th Cir. 2006)
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[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FILED FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS ________________________ ELEVENTH CIRCUIT No. 04-16434 Non-Argument Calendar ________________________ MARCH 20, 2006 THOMAS K. KAHN CLERK D. C. Docket No. 02-00002-CV-5-LAC-EMT SPENCER L. SPEIGHTS, Petitioner-Appellant, versus JAMES CROSBY, CHARLES CRIST, Respondents-Appellees. ________________________ Appeal from the United States District Court for the Northern District of Florida _________________________ (March 20, 2006) Before DUBINA, BLACK and BARKETT, Circuit Judges. PER CURIAM: Appellant Spencer L. Speights ( Speights ), a Florida prisoner serving an enhanced life sentence for robbery with a firearm, appeals pro se the district court s denial of his motion for entry of judgment as to a motion for summary judgment he had filed as part of his petition for writ of habeas corpus brought under 28 U.S.C. § 2254. Because the record demonstrates that the district court entered final judgment as to Speights s habeas petition, we conclude that the district court properly denied Speights s motion for entry of judgment as unnecessary since the claims as addressed were rendered moot by the earlier final judgment on the habeas petition. Accordingly, we affirm the district court s order denying Speights s pro se motion for entry of judgment as to a motion for summary judgment that he had filed as part of his petition for writ of habeas corpus brought under 28 U.S.C. § 2254. AFFIRMED. 2
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