Filing 23

ORDER DENYING 21 Motion for Certificate of Appealability by DERRICK L WYCHE. Signed by CHIEF JUDGE STEPHAN P MICKLE on 6/16/2010. (jws)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION DERRICK L. WYCHE Petitioner, v. WALTER MCNEIL, Respondent. ______________________________/ ORDER DENYING CERTIFICATE OF APPEALABILITY This cause comes before the Court on Petitioner's Motion for Certificate of Appealability. Doc. 21. The Court stands by its previous ruling on March 28, 2010 (doc. 16) that Petitioner has failed to make a substantial showing of the denial of a constitutional right or show that the resolution of the procedural issue is debatable among reasonable jurists. Slack v. McDaniel, 539 U.S. 473, 484 (2000). Accordingly, it is ORDERED AND ADJUDGED: the Motion for Certificate of Appealability (doc. 21) is denied. DONE AND ORDERED this 16th day of June, 2010. CASE NO. 4:10cv42-SPM/WCS s/ Stephan P. Mickle Stephan P. Mickle Chief United States District Judge

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