Brown v. United States of America

Brown v. United States of America

Petitioner:	Markeith Brown
Respondent:	United States of America
Case Number:	2:2016cv00405
Filed:	May 26, 2016
Court:	US District Court for the Middle District of Florida
Office:	Ft. Myers Office
County:	Lee
Presiding Judge:	Sheri Polster Chappell
Presiding Judge:	Mac R. McCoy
Nature of Suit:	Motions to Vacate Sentence
Cause of Action:	28 U.S.C. § 2255
Jury Demanded By:	None

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Date Filed	Document Text
September 9, 2019	Filing 27 ORDERED: Petitioner Markeith Brown's Motion Under 28 U.S.C. § 2255 To Vacate, Set Aside, or Correct a Sentence by a Person in Federal Custody (Doc. 1; Cr-Doc. 57) is DENIED. The Clerk is DIRECTED to enter judgment, terminate any p ending motions, and close the file. The Clerk is DIRECTED to file a copy of this Opinion and Order in the related criminal case. DENIAL OF BOTH CERTIFICATE OF APPEALABILITY AND LEAVE TO APPEAL IN FORMA PAUPERIS DENIED. IT IS FURTHER ORDERED that Br own is not entitled to a certificate of appealability ("COA"). A prisoner moving under § 2255 has no absolute entitlement to appeal a district court's denial of his motion to vacate. 28 U.S.C. § 2253(c)(1); Harbison v. Bell , 556 U.S. 180, 184 (2009). Rather, the court must first issue a COA. Section 2253(c)(2) permits a court to issue a COA "only if the applicant has made a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253 (c)(2). To merit a COA, the petitioner "must demonstrate that reasonable jurists would find the district court's assessment of the constitutional claims debatable or wrong," Tennard v. Dretke, 542 U.S. 274, 282 (2004), or that "t he issues presented were adequate to deserve encouragement to proceed further," Miller-El v. Cockrell, 537 U.S. 322, 335-36 (2003) (citations omitted). Upon review of the record, the Court finds that Brown has not made the requisite showing in these circumstances. 28 U.S.C. § 2253(c)(2); Slack v. McDaniel, 529 U.S. 473, 483-84 (2000). And because he may not have a COA, he may not appeal in forma pauperis. Signed by Judge Sheri Polster Chappell on 9/9/2019. (AEH)

Date Filed

Document Text

September 9, 2019

Filing 27 ORDERED: Petitioner Markeith Brown's Motion Under 28 U.S.C. § 2255 To Vacate, Set Aside, or Correct a Sentence by a Person in Federal Custody (Doc. 1; Cr-Doc. 57) is DENIED. The Clerk is DIRECTED to enter judgment, terminate any p ending motions, and close the file. The Clerk is DIRECTED to file a copy of this Opinion and Order in the related criminal case. DENIAL OF BOTH CERTIFICATE OF APPEALABILITY AND LEAVE TO APPEAL IN FORMA PAUPERIS DENIED. IT IS FURTHER ORDERED that Br own is not entitled to a certificate of appealability ("COA"). A prisoner moving under § 2255 has no absolute entitlement to appeal a district court's denial of his motion to vacate. 28 U.S.C. § 2253(c)(1); Harbison v. Bell , 556 U.S. 180, 184 (2009). Rather, the court must first issue a COA. Section 2253(c)(2) permits a court to issue a COA "only if the applicant has made a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253 (c)(2). To merit a COA, the petitioner "must demonstrate that reasonable jurists would find the district court's assessment of the constitutional claims debatable or wrong," Tennard v. Dretke, 542 U.S. 274, 282 (2004), or that "t he issues presented were adequate to deserve encouragement to proceed further," Miller-El v. Cockrell, 537 U.S. 322, 335-36 (2003) (citations omitted). Upon review of the record, the Court finds that Brown has not made the requisite showing in these circumstances. 28 U.S.C. § 2253(c)(2); Slack v. McDaniel, 529 U.S. 473, 483-84 (2000). And because he may not have a COA, he may not appeal in forma pauperis. Signed by Judge Sheri Polster Chappell on 9/9/2019. (AEH)

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Petitioner: Markeith Brown
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Respondent: United States of America
Represented By:	Michael Bagge-Hernandez
Represented By:	Robert P. Barclift
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