Smith v. Secretary, Department of Corrections et al

Filing 36

ORDER denying 34 Motion for Leave to Appeal in forma pauperis; denying 35 Motion for certificate of appealability. Signed by Judge James S. Moody, Jr on 12/20/2012. (LN)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

ANTHONY SMITH,
Petitioner,
-vs-

Case No. 8:12-CV-58-T-30TGW

SECRETARY, DEPARTMENT
OF CORRECTIONS,
Respondent.
_____________________________/
ORDER
THIS cause is before the Court on Petitioner’s Affidavit of Insolvency for Purpose of Appeal
(Dkt. 34), and Certificate of Appealability (Dkt. 35). Petitioner requests the Court grant a certificate
of appealability, and leave to proceed on appeal in forma pauperis. When the Court dismissed
Petitioner’s § 2254 petition as time-barred on November 7, 2012 (see Dkt. 32), the Court also denied
Petitioner a certificate of appealability and leave to appeal in forma pauperis (Id. at pg. 10).
Accordingly, the Court ORDERS that:
1.

Petitioner’s Affidavit of Insolvency for Purpose of Appeal (Dkt. 34) is DENIED.

2.

Petitioner’s Certificate of Appealability (Dkt. 35) is DENIED.

DONE and ORDERED in Tampa, Florida on December 20, 2012.

SA:sfc
Copy furnished to:
Pro Se Petitioner
Counsel of Record