Pechler v. Secretary, Department of Corrections et al
Ronald J. Pechler |
Secretary, Department of Corrections and Attorney General, State of Florida |
8:2014cv02252 |
September 10, 2014 |
US District Court for the Middle District of Florida |
Tampa Office |
Manatee |
Charlene Edwards Honeywell |
Elizabeth A. Jenkins |
General |
28 U.S.C. ยง 2254 |
None |
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Filing 3 OPINION AND ORDER. The petition for writ of habeas corpus 1 is DENIED, and this case is DISMISSED WITH PREJUDICE. The Clerk of the Court shall enter judgment accordingly and is directed to close this case. This Court should grant an application for certificate of appealability only if the Petitioner makes "a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2). Petitioner has failed to make a substantial showing of the denial of a constitutio nal right. Accordingly, a Certificate of Appealability ("COA") is DENIED in this case. And, because Petitioner is not entitled to a COA, he is not entitled to appeal in forma pauperis. If Petitioner can show by record evidence that his pe tition is not time-barred, and that he was not represented by counsel during the trial court proceedings related to his prior expired 1997 state court convictions and sentences, the Court will entertain a motion to reopen this case, if Petitioner files the motion within 28 days from the date of this Order. Signed by Judge Charlene Edwards Honeywell on 9/15/2014. (BGS) |
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