Opinion
Case No. 8:09-CV-1005-T-30TGW.
April 19, 2010
ORDER
Before the Court is Petitioner's Application for Certificate of Appealability (Dkt. 20) which the Court also construes as a Notice of Appeal of the Court's March 3, 2010 order denying Petitioner's petition for the writ of habeas corpus (see Dkt. 18). "A certificate of appealability may issue . . . only if the applicant has made a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2). To make such a showing, Petitioner "must demonstrate that reasonable jurists would find the district court's assessment of the constitutional claims debatable or wrong," Tennard v. Dretke, 542 U.S. 274, 282 (2004) (quoting Slack v. McDaniel, 529 U.S. 473, 484 (2000)), or that "the issues presented were `adequate to deserve encouragement to proceed further.'" Miller-El v. Cockrell, 537 U.S. 322, 335-36 (2003) (quoting Barefoot v. Estelle, 463 U.S. 880, 893 n. 4 (1983)).
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 or to proceed on appeal in forma pauperis (see Dkt. 18 at pgs. 23-24). Nothing in Petitioner's Application for Certificate of Appealability convinces the Court that Petitioner has made a substantial showing of the denial of a constitutional right.
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 Petitioner's Application for Certificate of Appealability (Dkt. 20) is DENIED. DONE and ORDERED in Tampa, Florida.