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)

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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 2

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