Barros v. Secretary, Department of Corrections et al

Filing 36

ORDER denying 34 Motion for certificate of appealability; denying 35 Motion for leave to appeal in forma pauperis/affidavit of indigency. Signed by Judge Mary S. Scriven on 7/10/2009.(AJM)

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION HUGO QUENTAL BARROS, Petitioner, v. Case No. 6:07-cv-484-Orl-35DAB

SECRETARY, DEPARTMENT OF CORRECTIONS, and ATTORNEY GENERAL OF THE STATE OF FLORIDA, Respondents. ____________________________________ ORDER This case is before the Court on the following motions: 1. MOTION: PETITIONER'S MOTION FOR LEAVE TO APPEAL IN FORMA PAUPERIS (Doc. No. 35)

FILED: July 7, 2009 _______________________________________________________ THEREON it is ORDERED that the motion is DENIED. Any appeal by Petitioner would not be taken in good faith under Federal Rule of Appellate Procedure 24(a) because Petitioner has failed to make a substantial showing of the deprivation of any federal constitutional right. Thus, Petitioner is not entitled to appeal as a pauper and shall pay the $455.00 appellate filing fee as required by 28 U.S.C. § 1915(a).

2. MOTION: PETITIONER'S APPLICATION FOR A CERTIFICATE OF APPEALABILITY (Doc. No. 34)

FILED: July 7, 2009 ________________________________________________________ THEREON it is ORDERED that the motion is DENIED. This Court should grant an application for certificate of appealability only if Petitioner makes "a substantial showing of the denial of a constitutional right." 2253(c)(2). 28 U.S.C. §

Petitioner has failed to make a substantial showing of the denial of a

constitutional right. DONE AND ORDERED in Chambers in Orlando, Florida, this 10th day of July, 2009.

Copies to: sa 7/10 Counsel of Record Hugo Quental Barros

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