Brooks v. United States of America

Filing 58

ORDER denying certificate of appealability with respect to the denial of Petitioner's motion for reconsideration under Fed. R. Civ. P. 59(e). Signed by Judge Timothy J. Corrigan on 2/13/2017. (JHC)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION
KEITH LARON BROOKS,
Petitioner,
vs.

Case No.:

UNITED STATES OF AMERICA,
Respondent.

3:12-cv-1266-J-32JRK
3:09-cv-76-J-32JRK

/
ORDER

This case is before the Court on a limited remand from the Eleventh Circuit
Court of Appeals to determine whether Petitioner is entitled to a certificate of
appealability (“COA”) with respect to the denial of his motion for reconsideration
under Fed. R. Civ. P. 59(e). (See Docs. 47, 53).
The Court concludes that Petitioner is not entitled to a COA. A prisoner
seeking a motion to vacate has no absolute entitlement to appeal a district court’s
denial of his motion. 28 U.S.C. § 2253(c)(1). “A [COA] may issue… only if the
applicant has made a substantial showing of the denial of a constitutional right.” Id.
at § 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. 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) (quoting Barefoot v. Estelle, 463 U.S. 880, 893 n.4 (1983)).
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Petitioner has not made the requisite showing in these circumstances. Because
Petitioner is not entitled to a certificate of appealability, he is not entitled to appeal
in forma pauperis.
DONE AND ORDERED at Jacksonville, Florida this 13th day of February,
2017.

Lc 19
Copies:
United States Court of Appeals for the Eleventh Circuit
Petitioner Keith Laron Brooks
Counsel of record

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