Opinion
Case No. 6:11-cv-1791-Orl-19GJK
01-12-2012
EDWARD DANE JEFFUS, Petitioner, v. SECRETARY, DEPARTMENT OF CORRECTIONS, et al., Respondents.
ORDER
This case is before the Court on the following motions:
1. Petitioner's Motion for Leave to Proceed In Forma Pauperis on Appeal (Doc. No. 17, filed January 3, 2012) is DENIED. Any appeal by Petitioner would not be taken in good faith under Federal Rule of Appellate Procedure 24(a) because Petitioner has failed to make a substantial showing of the deprivation of any federal constitutional right. Thus, Petitioner is not entitled to appeal as a pauper and shall pay the $455.00 appellate filing fee as required by 28 U.S.C. § 1915(a).
2. Petitioner's Request for a Certificate of Appealability (Doc. No. 15, filed January 3, 2012) is DENIED. This Court should grant an application for certificate of appealability only if Petitioner makes "a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2). Petitioner has failed to make a substantial showing of the denial of a constitutional right.
DONE AND ORDERED in Orlando, Florida, this 12th day of January, 2012.
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PATRICIA C. FAWSETT, JUDGE
UNITED STATES DISTRICT COURT
Copies to:
OrlP-2 1/12
Counsel of Record
Edward Dane Jeffus