Bailem v. State of Florida

Filing 56

OPINION AND ORDER denying re: 51 MOTION for certificate of appealability. Signed by Judge Sheri Polster Chappell on 8/9/2017. (SLU)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
TREMAINE L. BAILEM,
Petitioner,
v.

Case No: 2:16-cv-18-FtM-38MRM

STATE OF FLORIDA and
SECRETARY, DOC,
Respondents.
/
OPINION AND ORDER1
This matter comes before the Court on Petitioner Tremaine Bailem's Application
for Certificate of Appealability (COA) (Doc. #51) filed on July 27, 2017. On June 26, 2017,
the Court denied Bailem’s Petition for habeas corpus relief under 28 U.S.C. § 2254, and
found that Bailem was not entitled to a COA. As the Court noted in its Order, “[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,

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that “the issues presented were adequate to deserve encouragement to proceed further,”
Miller-El v. Cockrell, 537 U.S. 322, 335-36 (2003)(citations omitted).
In its previous Order, the Court found that Bailem failed to make the requisite
showing and denied his COA. Bailem does not present any new evidence that would change
the Court’s earlier findings. Therefore, Bailem’s Motion for a COA is denied.

Accordingly, it is now
ORDERED:
Appellant Tremaine Bailem's Application for Certificate of Appealibility (Doc. #51)
is DENIED.
DONE and ORDERED in Fort Myers, Florida this 9th day of August, 2017.

Copies:
Tremaine L. Bailem
All Parties of Record
SA: FtMP-2

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