Opinion
CASE NO.: 5:09-cv-483-Oc-23GRJ.
June 25, 2010
ORDER
An April 7, 2010, order (Doc. 26) dismisses Jackson's Section 2254 petition without prejudice for failure to exhaust state court remedies. Jackson moves for issuance of a certificate of appealability (Doc. 28), for leave to appeal in forma pauperis (Doc. 30), and for a stay and bond pending appeal (Doc. 31).
A certificate of appealability should issue only upon a showing of the denial of a constitutional right. 28 U.S.C. § 2253(c)(2). When a claim is rejected on procedural grounds, a petitioner must show that jurists of reason would find it debatable whether the petition states a valid claim of the denial of a constitutional right and that jurists of reason would find it debatable whether the district court was correct in its procedural ruling. Slack v. McDaniel, 529 U.S. 473, 484 120 S. Ct. 1595, 1603-04 (2000).
Jackson has not demonstrated that reasonable jurists would find the assessment of the constitutional claims debatable or wrong. Accordingly, Jackson's application for a certificate of appealability (Doc. 28), motion for leave to appeal in forma pauperis (Doc. 30), and motion for stay and for bond pending appeal (Doc. 31) are DENIED.
ORDERED in Tampa, Florida.