Martin v. USA

Filing 7

ORDER denying 6 Motion for certificate of appealability. Signed by Judge Susan C Bucklew on 4/11/2012. (JD)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
CARL KEVIN MARTIN
v.

Case No. 8:07-cr-48-T-24-TBM
8:12-cv-357-T-24-TBM

UNITED STATES OF AMERICA
Related Case No.: 8:10-cv-16-T-24-TBM
/
ORDER
This cause comes before the Court on Petitioner Martin’s Construed Motion for a
Certificate of Appealability (“COA”). (CV Doc. No. 6). Petitioner seeks a COA relating to this
Court’s denial of his § 2255 motion.
A prisoner pursuing 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). Rather, a district court must first issue a
COA. Id. “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)). Petitioner has not
made the requisite showing in these circumstances.
Accordingly, it is ORDERED AND ADJUDGED that Petitioner’s construed motion for a
COA (CV Doc. No. 6) is DENIED.
DONE AND ORDERED at Tampa, Florida, this 11th day of April, 2012.

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