BLAND v. STATE OF FLORIDA

Filing 27

ORDER Denying 22 Motion for Certificate of Appealability. Although Petitioner has not sought leave to proceed in forma pauperis, he is not entitled to do so. Signed by District Judge M CASEY RODGERS on 07/09/2009. (jmd)

Download PDF
Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION LARRY L. BLAND # 905797, Petitioner, vs. STATE OF FLORIDA, et al., Respondents. ___________________________________/ ORDER This cause is before the court on Petitioner's Notice of Appeal (doc. 21), and Motion for Certificate of Appealability (doc. 22).1 Unless a certificate of appealability is issued, the Petitioner may not take an appeal from the final order denying 2254 relief. See 28 U.S.C. 2253(c)(1)(A); Fed. R. App. P. 22(b)(1). Such a certificate may issue "only if the applicant has made a substantial showing of the denial of a constitutional right." 28 U.S.C. 2253 (c)(2). After review of the file, the court concludes that because the Petitioner has not made a substantial showing of the denial of a constitutional right, and for the reasons set forth in this court's June 10, 2009, Order (doc. 18) adopting and incorporating the Magistrate Judge's Report and Recommendation filed on May 27, 2009 (doc. 14), a certificate of appealability will be denied. For the same reasons there is no good faith Case No. 3:09cv174/MCR/EMT Petitioner filed this action pursuant to 28 U.S.C. 2241. Because Petitioner is currently im p r is o n e d p u r s u a n t to a judgm e n t of a state court, his federal habeas petition is subject to the rules and restrictions im p o s e d upon petitions brought under 28 U.S.C. 2254. See Medberry v. Crosby, 351 F.3d 1049, 1054 (11th C ir . 2003) (holding that for those im p r is o n e d pursuant to a state court judgm e n t, the habeas corpus rem e d y is authorized by 2241but is also subject to 2254 and all of its attendant restrictions). 1 Page 2 of 2 basis for an appeal; accordingly, although Petitioner has not sought leave to proceed in forma pauperis, he is not entitled to do so. Fed.R.App.P. 24(a). Accordingly, it is ORDERED: Petitioner's motion for certificate of appealability (doc. 22) is DENIED. No certificate shall issue. DONE AND ORDERED this 9th day of July 2009. s/ M. Casey Rodgers M. CASEY RODGERS UNITED STATES DISTRICT JUDGE Case No: 3:09cv174/MCR/EMT

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?