Opinion
8:20-cv-2255-WFJ-AAS
08-04-2021
RODERICK BERNARD LEWIS, Petitioner, v. SECRETARY, DEPARTMENT OF CORRECTIONS, Respondent.
Roderick B. Lewis, pro se.
Roderick B. Lewis, pro se.
ORDER
WILLIAM F. JUNG UNITED STATES DISTRICT JUDGE.
Mr. Lewis moves for a certificate of appealability (COA) (Doc. 9) and to proceed on appeal in forma pauperis (Doc. 11). A COA is not required to appeal because Mr. Lewis' Section 2254 habeas petition was dismissed as an unauthorized second or successive petition (see Doc. 6). See Hutto v. Lawrence Cty., Alabama, 717 Fed.Appx. 960 (11th Cir. 2018) (“A certificate of appealability (COA), typically required for appeals from a final order of a habeas proceeding, is not required for an appeal of an order dismissing a petitioner's filing as a successive habeas petition.”) (citing 28 U.S.C. § 2253(c); Hubbard v. Campbell, 379 F.3d 1245, 1247 (11th Cir. 2004) (per curiam)). And Mr. Lewis may not proceed on appeal in forma pauperis because he has $2, 102.19 in his prison bank account and no dependents (Doc. 11, pp. 2, 5). See Martinez v. Kristi Kleaners, Inc., 364 F.3d 1305, 1307 (11th Cir.2004) (an applicant must show he “is unable to pay for the court fees and costs, and to support and provide necessities for himself and his dependents.”).
Accordingly, Mr. Lewis' motion for a COA (Doc. 9) and motion to proceed on appeal in forma pauperis (Doc. 11) are DENIED.
ORDERED.