Opinion
Case No. 6:10-cv-886-Orl-28GJK.
October 25, 2011
ORDER
This case is before the Court on the following motions:
1. Petitioner's Motion for Leave of Court to File Attached Notice of Appeal Upon Issuance of Certificate of Appealability (Doc. No. 25, filed October 17, 2011) is GRANTED in part. The Notice of Appeal, which is attached to the motion, will be deemed filed with the Court on October 13, 2011, which was the date it was provided to the prison authorities for mailing. The Clerk of the Court is directed to separately file and docket the Notice of Appeal.
2. Petitioner's Application for A Certificate of Appealability (Doc. No. 26, filed October 17, 2011) is DENIED. This Court should grant an application for a 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 Chambers in Orlando, Florida, this 22 day of October, 2011.