WALKER v. MCNEIL

Filing 34

ORDER DENYING 33 Motion for Certificate of Appealability. Signed by SENIOR JUDGE MAURICE M PAUL on 7/21/2011. (jws)(Forwarded via email to USCA)

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
GAINESVILLE DIVISION
DOUGLAS WALKER,
Petitioner,
v.

CASE NO. 1:10-cv-00097-MP-GRJ

WALTER A MCNEIL,
Respondent.
_____________________________/
ORDER
This matter is before the Court on Doc. 33, Motion for Certificate of Appealability by
Douglas Walker. On June 8, 2011, defendant filed a notice of appeal as to the Court’s order
dismissing his petition for habeas corpus without prejudice for failure to prosecute.
An appeal may not be taken to the court of appeals from the final order in a habeas corpus
proceeding unless the Court issues a certificate of appealability. See 28 U.S.C. 2253(c)(1). The
Court may issue a certificate of appealability only if the applicant has made a substantial showing
of the denial of a constitutional right. See 28 U.S.C. 2253(c)(2).
For the reasons stated in the Report and Recommendation, Doc. 13, and the Order, Doc.
15, the Court finds that Petitioner fails to make a substantial showing of the denial of a
constitutional right and the issues are not adequate enough to deserve encouragement to proceed
further. Accordingly, it is hereby

Page 2 of 2

ORDERED AND ADJUDGED:
1.

Petitioner’s motion for certificate of appealability, Doc. 33, is DENIED.

DONE AND ORDERED this

21st day of July, 2011

s/Maurice M. Paul
Maurice M. Paul, Senior District Judge

Case No: 1:10-cv-00097-MP-GRJ