Alfred v. Florida Supreme Court
Filing
19
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)
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
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(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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