Opinion
Case No. 8:09-CV-1619-T-30AEP.
August 3, 2010
ORDER
Before the Court is Petitioner's "Notice of Appeal and Request for Leave to File a Certificate of Appealability" (Dkt. 21). To the extent Petitioner requests leave to file an application for a certificate of appealability, when the Court denied Petitioner's 28 U.S.C. § 2254 petition, it also determined that Petitioner was not entitled to a certificate of appealability (see Dkt. 18 at pg. 12). The Court finds no substantial showing of the denial of a constitutional right. 28 U.S.C. § 2253(c)(2); Slack v. McDaniel, 529 U.S. 473, 483-84 (2000) (citation omitted).
See Rule 11(a), Rules Governing Habeas Corpus Cases under Section 2254 (2010) ("The district court must issue or deny a certificate of appealability when it enters a final order adverse to the applicant.").
Accordingly, the Court ORDERS that, to the extent he requests leave to file an application for a certificate of appealability, Petitioner's "Notice of Appeal and Request for Leave to File a Certificate of Appealability" (Dkt. 21) is DENIED. DONE and ORDERED in Tampa, Florida.
Rule 11(a) also states that "[i]f the [district] court denies a certificate [of appealability], the parties may not appeal the denial but may seek a certificate from the court of appeals under Federal Rule of Appellate Procedure 22."