Johnson v. Secretary, Department of Corrections et al (Pinellas County), No. 8:2019cv02297 - Document 48 (M.D. Fla. 2022)

Court Description: OPINION AND ORDER. 1. The Petition for Writ of Habeas Corpus 1 is DENIED. 2. The Clerk of the Court is directed to enter judgment against Petitioner and close this case. 3. Petitioner is not entitled to a certificate of appealability (COA ). A prisoner seeking a writ of habeas corpus has no absolute entitlement to appeal a district court's denial of his petition. 28 U.S.C. § 2253(c)(1). Rather, a district court must first issue a COA. Section 2253(c)(2) limits the issuing of a COA "only if the applicant has made a substantial showing of the denial of a constitutional right." To merit a COA, a petitioner must show that reasonable jurists would find debatable both (1) the merits of the underlying claims and (2) the procedural issues he seeks to raise. See 28 U.S.C. § 2253(c)(2); Slack v. McDaniel, 529 U.S. 473, 478 (2000); Eagle v. Linahan, 279 F.3d 926, 935 (11th Cir 2001). Because he fails to show that reasonable jurists would de bate either the merits of the claims or the procedural issues, Petitioner is entitled to neither a COA nor leave to appeal in forma pauperis. A COA is therefore DENIED. Leave to appeal in forma pauperis is likewise DENIED. Petitioner must obtain permission from the circuit court to appeal in forma pauperis. Signed by Judge Charlene Edwards Honeywell on 7/26/2022. (BGS)