Opinion
6:13-cv-116 6:04-cr-20
02-24-2014
MICHAEL HEADRICK, Petitioner, v. UNITED STATES OF AMERICA, Respondent.
ORDER
Michael Headrick has appealed denial of habeas corpus relief. ECF No. 8. The Court construes Headrick's notice of appeal as a request for a Certificate of Appealability ("COA"). See Edwards v. United States, 114 F.3d 1083,1084 (11th Cir. 1997).
"Before an appeal may be entertained, a prisoner who was denied habeas relief in the district court must first seek and obtain a COA . . ." Miller-El v. Cockrell, 537 U.S. 322, 335-36 (2003); see 28 U.S.C. § 2253(c). The Court will issue a COA "where a petitioner has made a substantial showing of the denial of a constitutional right." Miller-El, 537 U.S. at 336; see also 28 U.S.C. § 2253(c)(2). Petitioner "must show that reasonable jurists could debate whether (or, for that matter, agree that) the petition should have been resolved in a different manner or that the issues presented were adequate to deserve encouragement to proceed further." Id. (internal quotations omitted).
Headrick has failed to show that reasonable jurists could disagree as to his claim. He filed his petition for habeas corpus many years too late. See ECF No. 3 at 2.
The Court also sua sponte addresses any forthcoming motion for in forma pauperis [IFP] status on appeal. "An appeal may not be taken [IFP] if the trial court certifies in writing that it is not taken in good faith." 28 U.S.C. § 1915(a)(3). Good faith means that an issue exists on appeal that is not frivolous when judged under an objective standard. See Coppedge v. United States, 369 U.S. 438, 445 (1962); Busch v. Cnty. of Volusia, 189 F.R.D. 687, 691 (M.D. Fla. 1999). A claim is frivolous if it is "without arguable merit either in law or fact." Bilal v. Driver, 251 F.3d 1346, 1349 (11th Cir. 2001). The Court concludes that this appeal is not taken in good faith and denies IFP status on appeal.
The construed motion is DENIED. The Court assesses the full filing fee of $505.00. __________
B. AVANT EDENFIELD, JUDGE
UNITED STATES DISTRICVCOURT
SOUTHERN DISTRICT OFXjEORGIA