Opinion
CASE NO. 8:10-CV-79-T-30MAP, CRIM. CASE NO. 8:06-CR-349-T-30MAP.
August 10, 2010
ORDER
Before the Court are Petitioner's Motion Seeking to Expand Issues for Review in COA ("motion to expand") (CV Dkt. #9), and motion to proceed on appeal in forma pauperis (CV Dkt. #12).
On May 5, 2010, the Court granted Petitioner a certificate of appealability on the question of whether the "actual innocence" doctrine applies within the context of challenging a predicate offense utilized to classify a defendant as a career offender, and if so, whether an "actual innocence" exception exists to AEDPA's one-year limitation period (see CV Dkt. #8 at pp. 5-7). Petitioner now moves the Court to expand the certificate of appealability to include Petitioner's claim that this Court was without jurisdiction to enhance his sentence as a career offender.
As the Court noted in its May 5, 2010 order denying Petitioner's motion for reconsideration, Petitioner's claim is not a jurisdictional claim (Dkt. #8 at pp. 3-4). Thus, Petitioner's request to expand the certificate of appealability will be denied.
Accordingly, the Court ORDERS that:
1. Petitioner's Motion Seeking to Expand Issues for Review in COA(CV Dkt. #9) is DENIED.
2. Petitioner's motion to proceed on appeal in forma pauperis (CV Dkt. #12) is GRANTED. DONE and ORDERED in Tampa, Florida.