Raymond Claudio v. Secretary, Florida Department of Corrections

This court’s opinion in this case dated July 7, 2014, is hereby modified. As modified, the opinion reads as follows.

Raymond Claudio, now a former Florida state prisoner proceeding pro se, appeals the district court’s dismissal of his 28 U.S.C. § 2254 habeas corpus petition for failure to exhaust state remedies. Claudio, who filed this § 2254 petition while he was still in state custody, filed a motion to excuse exhaustion due to alleged lengthy delays in adjudicating his still pending state post-conviction motion, and the district court sua sponte dismissed the case without requiring a…