Alfred v. Florida Supreme Court, No. 2:2016cv00864 - Document 19 (M.D. Fla. 2017)

Court Description: OPINION AND ORDER Petitioner is not entitled to a certificate of appealability and is DENIED leave to appeal In Forma Pauperis. Signed by Judge Sheri Polster Chappell on 9/21/2017. (SLU)

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Alfred v. Florida Supreme Court Doc. 19 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION JERRY NEIL ALFRED, Petitioner, v. Case No: 2:16-cv-864-FtM-38MRM FLORIDA SUPREME COURT, Respondent. / OPINION AND ORDER1 This matter comes before the Court on Petitioner’s Notice of Appeal (Doc. #17) filed on August 9, 2017. A prisoner seeking to appeal a district court's final order denying his petition for writ of habeas corpus has no absolute entitlement to appeal but must obtain a certificate of appealability (“COA”). 28 U.S.C. § 2253(c)(1); Harbison v. Bell, 556 U.S. 180, 184 (2009). “A [COA] 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) or, that “the issues presented were adequate to deserve encouragement to proceed further”, Miller-El v. Cockrell, 537 U.S. 322, 335-36 1 Disclaimer: Documents filed in CM/ECF may contain hyperlinks to other documents or websites. These hyperlinks are provided only for users’ convenience. Users are cautioned that hyperlinked documents in CM/ECF are subject to PACER fees. By allowing hyperlinks to other websites, this Court does not endorse, recommend, approve, or guarantee any third parties or the services or products they provide on their websites. Likewise, the Court has no agreements with any of these third parties or their websites. The Court accepts no responsibility for the availability or functionality of any hyperlink. Thus, the fact that a hyperlink ceases to work or directs the user to some other site does not affect the opinion of the Court. (2003)(citations omitted). Petitioner has not made the requisite showing in these circumstances. Finally, because Petitioner is not entitled to a certificate of appealability, he is not entitled to appeal in forma pauperis. Accordingly, it is now ORDERED: Petitioner is not entitled to a certificate of appealability and is DENIED leave to appeal In Forma Pauperis. DONE and ORDERED in Fort Myers, Florida this 21st day of September, 2017. Copies: Jerry Alfred All Counsel of Record SA: FtMP-2 2

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