SPIVEY v. POLK

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PANAMA CITY DIVISION FLOYD SPIVEY, Petitioner, vs. Case No.: 5:21cv159/TKW/ZCB WARDEN POLK, Respondent. ___________________________________/ REPORT AND RECOMMENDATION This is a habeas corpus case filed under 28 U.S.C. § 2254. (Doc. 1). Respondent has answered the petition, and Petitioner has replied. (Docs. 24, 21-1 through 26-46 and 26-49 to 26-53, Doc. 30). For the reasons below, habeas relief should be denied.1 I. Background Petitioner was charged in Bay County, Florida, with two counts of sexual battery. (Doc. 26-1). He…