Arocho v. Secretary, DOC et al
Filing
23
OPINION AND ORDER denying re: 20 MOTION for certificate of appealability. Signed by Judge Sheri Polster Chappell on 7/17/2019. (SLU)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
JULIAN AROCHO,
Petitioner,
v.
Case No.: 2:16-cv-910-FtM-38MRM
SECRETARY, DOC and FLORIDA
ATTORNEY GENERAL,
Respondents.
/
OPINION AND ORDER1
Before the Court is Petitioner Julian Arocho’s Motion for a Certificate of
Appealability (Doc. 20) filed on July 15, 2019. Petitioner is not entitled to a certificate of
appealability. 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 certificate of appealability (“COA”). “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) (quoting Slack v.
1
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McDaniel, 529 U.S. 473, 484 (2000)), or that “the issues presented were ‘adequate to
deserve encouragement to proceed further.’” Miller–El v. Cockrell, 537 U.S. 322, 335–36
(2003). Petitioner has not made the requisite showing in these circumstances.
Accordingly, it is now
ORDERED:
Petitioner Julian Arocho’s Motion for a Certificate of Appealability (Doc. 20) is
DENIED.
DONE and ORDERED in Fort Myers, Florida this 17th day of July 2019.
SA: FTMP-2
Copies: All Parties of Record
2
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