Cobb v. United States of America
Filing
105
ORDER denying 103 Petitioner's Motion for Certificate of Appealability. Leave to appeal in forma pauperis is also denied. Signed by Senior Judge Charlene Edwards Honeywell on 1/27/2025. (MMS)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
JAMES LEE COBB,
Petitioner,
v.
Case No.: 8:18-cv-283-CEH-SPF
Case No.: 8:14-cr-123-CEH-SPF
UNITED STATES OF AMERICA,
Respondent.
/
ORDER
An earlier order denied James Lee Cobb’s motion under 28 U.S.C. § 2255. (Civ.
Doc. 99) Subsequently, Cobb filed a notice of appeal from that order that includes a
request for a certificate of appealability. (Civ. Doc. 103)
Cobb is not entitled to a certificate of appealability. To obtain a certificate of
appealability, the petitioner must show that reasonable jurists would find debatable
both (1) the merits of the underlying claims and (2) the procedural issues he seeks to
raise. See 28 U.S.C. § 2253(c)(2); Slack v. McDaniel, 529 U.S. 473, 478 (2000); Eagle v.
Linahan, 279 F.3d 926, 935 (11th Cir 2001).
Because Cobb fails to show that
reasonable jurists would debate either the merits of the claims or the procedural issues,
he is not entitled to a certificate of appealability or to appeal in forma pauperis.
Cobb’s request for a certificate of appealability (Civ. Doc. 103) included in the
notice of appeal is DENIED. Leave to appeal in forma pauperis is DENIED. Cobb
must obtain permission from the circuit court to appeal in forma pauperis.
DONE and ORDERED in Tampa, Florida on January 27, 2025.
Copies to:
Pro Se Petitioner
Counsel of Record
2
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