Jeffrey Abramowski v. Secretary, Florida Department, et al

Filing

Opinion issued by court as to Appellant Jeffrey C. Abramowski. Decision: Affirmed. Opinion type: Non-Published. Opinion method: Per Curiam. The opinion is also available through the Court's Opinions page at this link http://www.ca11.uscourts.gov/opinions.

Case: 15-13923

Date Filed: 08/30/2017

Page: 1 of 3

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 15-13923
Non-Argument Calendar
________________________
D.C. Docket No. 6:13-cv-00998-PGB-TBS

JEFFREY C. ABRAMOWSKI,
Petitioner-Appellant,
versus
SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS,
ATTORNEY GENERAL, STATE OF FLORIDA,
Respondents-Appellees.
________________________
Appeal from the United States District Court
for the Middle District of Florida
________________________
(August 30, 2017)
Before WILLIAM PRYOR, MARTIN and ANDERSON, Circuit Judges.
PER CURIAM:

Case: 15-13923

Date Filed: 08/30/2017

Page: 2 of 3

Jeffrey Abramowski, a Florida state prisoner, appeals the denial of his
petition for a writ of habeas corpus. 28 U.S.C. § 2254. We issued a certificate of
appealability to address whether the district court erred by denying Abramowski’s
claim that he was functionally denied the assistance of counsel at trial on the
grounds it was untimely and procedurally barred or, in the alternative, by denying
the claim as failing on the merits. Because Abramowski does not dispute that his
claim is procedurally barred based on an independent and adequate state ground,
we affirm.
Abramowski argues that his claim is timely, is subject to equitable tolling,
and is meritorious, but we need not address these arguments because we can affirm
on the alternative ground stated by the district court. Before we will reverse a
“judgment that is based on multiple, independent grounds, an appellant must
convince us that every stated ground for the judgment against him is incorrect.”
Sapuppo v. Allstate Floridian Ins. Co., 739 F.3d 678, 680 (11th Cir. 2014). If the
“appellant fails to challenge properly on appeal one of the grounds on which the
district court based its judgment, he is deemed to have abandoned any challenge of
that ground . . . .” Id. The district court ruled that Abramowski defaulted his claim
by raising it in a fifth state motion for postconviction relief, see Fla. R. 3.850, that
the state court dismissed as barred by the prohibition against successive motions,
id. 3.850(h)(2). The district court also ruled that Abramowski failed to provide
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Case: 15-13923

Date Filed: 08/30/2017

Page: 3 of 3

cause and prejudice to excuse the default. See Coleman v. Thompson, 501 U.S.
722, 750 (1991). Because Abramowski does not contest those rulings, “it follows
that the [denial of his claim as procedurally defaulted] is due to be affirmed,”
Sapuppo, 739 F.3d at 680.
We AFFIRM the denial of Abramowski’s petition for a writ of habeas
corpus.

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