Henderson v. Secretary, Department of Corrections et al (Pinellas County)

Filing 31

ORDER denying 28 Motion for Certificate of Appealability; and denying 29 Motion for Leave to Appeal In Forma Pauperis in accord with the attached order. The Clerk is directed to send a copy of appropriate form with the attached order. Signed by Judge William F. Jung on 5/9/2024. (CCB)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
MICHAEL HENDERSON,
Petitioner,
v.

Case No. 8:21-cv-167-WFJ-SPF

SECRETARY, DEPARTMENT
OF CORRECTIONS,
Respondent.
____________________________/
ORDER
Before the Court are Mr. Henderson’s Application to Expand or Enlarge
Certificate of Appealability (Doc. 28) and Application to Proceed In Forma Pauperis
(Doc. 29) on appeal. Upon consideration:
1. The Application to Proceed In Forma Pauperis (Doc. 29) is DENIED as
incomplete. The denial is without prejudice to Mr. Henderson filing a properly
completed application to proceed in forma pauperis that includes a copy of his prisoner
account statement for the six-month period immediately preceding the filing of the
notice of appeal.
2. The Clerk of the Court must send a copy of the Court’s Prisoner Application
to Proceed In Forma Pauperis form to Mr. Henderson with his copy of this Order.
3. The Application to Expand or Enlarge Certificate of Appealability (Doc. 28)

is DENIED. Jurists of reason would not debate the denial of Grounds Three and Four
of the petition. See Slack v. McDaniel, 529 U.S. 473, 484 (2000). Mr. Henderson is
advised that he may seek a certificate of appealability from the Eleventh Circuit Court
of Appeals under Rule 22(b)(1) of the Federal Rules of Appellate Procedure.
ORDERED in Tampa, Florida, on May 9, 2024.

cc: Counsel of Record
Michael Henderson, pro se

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