Giardina v. Secretary, Department of Corrections

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION MICHAEL C. GIARDINA, Petitioner, v. Case No. 8:15-cv-2703-T-35CPT SECRETARY, DEPARTMENT OF CORRECTIONS, Respondent. ___________________________/ O R D E R This cause comes before the Court on Michael C. Giardina’s timely-filed petition for the writ of habeas corpus under

28 U.S.C. § 2254

(Doc. 1), motion to hear and rule (Doc. 31) and motion for a writ of mandamus, which the Court construes as a motion to hear and rule (Doc. 32). Giardina challenges his state conviction for aggravated battery, for which he is imprisoned for…