Peterson v. Secretary, DOC et al

Filing 19

ORDER denying 18 Motion for certificate of appealability. Signed by Judge Mary S. Scriven on 7/22/2009.(KC)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION HENRY LEE PETERSON, Petitioner, v. SECRETARY, DEPARTMENT OF CORRECTIONS, et al., Respondents. CASE NO. 6:08-cv-159-Orl-35GJK ORDER Petitioner's Request for a Certificate of Appealability1 (Doc. No. 18) is DENIED. This Court should grant an application for certificate of appealability only if the Petitioner makes "a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2). Petitioner has failed to make a substantial showing of the denial of a constitutional right. DONE AND ORDERED in Orlando, Florida, this 22nd day of July 2009. Copies to: pslc 7/22 Counsel of Record Henry Lee Peterson Petitioner's Notice of Appeal (Doc. No. 17) has been construed as requesting a certificate of appealability. See Edwards v. United States, 114 F.3d 1083, 1084 (11th Cir. 1997). 1

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