Opinion
Case No. 6:04-cv-936-Orl-19DAB.
November 21, 2006
ORDER
This case is before the Court on the following motions:
1. Petitioner's Motion for Leave to Proceed In Forma Pauperis on Appeal (Doc. No. 25, filed November 20, 2006) is DENIED. Any appeal by Petitioner would not be taken in good faith under Federal Rule of Appellate Procedure 24(a) because Petitioner has failed to make a substantial showing of the deprivation of any federal constitutional right. Thus, Petitioner is not entitled to appeal as a pauper and shall pay the $455.00 appellate filing fee as required by 28 U.S.C. § 1915(a).
2. Petitioner's Request for a Certificate of Appealability (Doc. No. 24, filed November 20, 2006) is DENIED. This Court should grant an application for certificate of appealability only if the Petitioner makes "a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2). Petitioner has failed to make a substantial showing of the denial of a constitutional right.
DONE AND ORDERED.