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Smith v. Secretary, Department of Corrections

United States District Court, M.D. Florida, Orlando Division
Apr 16, 2008
CASE NO. 6:06-cv-1715-Orl-19GJK (M.D. Fla. Apr. 16, 2008)

Opinion

CASE NO. 6:06-cv-1715-Orl-19GJK.

April 16, 2008


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. 21, filed April 7, 2008) 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. 20, filed April 7, 2008) is DENIED. This Court should grant an application for certificate of appealability only if the 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 at Orlando, Florida.


Summaries of

Smith v. Secretary, Department of Corrections

United States District Court, M.D. Florida, Orlando Division
Apr 16, 2008
CASE NO. 6:06-cv-1715-Orl-19GJK (M.D. Fla. Apr. 16, 2008)
Case details for

Smith v. Secretary, Department of Corrections

Case Details

Full title:MAURICE SMITH, Petitioner, v. SECRETARY, DEPARTMENT OF CORRECTIONS, et…

Court:United States District Court, M.D. Florida, Orlando Division

Date published: Apr 16, 2008

Citations

CASE NO. 6:06-cv-1715-Orl-19GJK (M.D. Fla. Apr. 16, 2008)