Dixon v. Secretary, Department of Corrections et al
Petitioner: Gabriel Dixon
Respondent: Secretary, Department of Corrections and Attorney General, State of Florida
Case Number: 8:2015cv00482
Filed: March 5, 2015
Court: US District Court for the Middle District of Florida
Office: Tampa Office
County: Pinellas
Presiding Judge: Charlene Edwards Honeywell
Presiding Judge: Thomas B. McCoun
Nature of Suit: General
Cause of Action: 28 U.S.C. ยง 2254
Jury Demanded By: None

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Date Filed Document Text
March 26, 2018 Opinion or Order Filing 24 OPINION AND ORDER. 1. Dixon's petition for writ of habeas corpus 1 is DENIED. 2. The Clerk is directed to enter judgment against Dixon and to close this case. 3. Dixon is not entitled to a certificate of appealability ("COA&qu ot;). A petitioner does not have absolute entitlement to appeal a district court's denial of his habeas petition. 28 U.S.C. § 2253(c)(1). A COA must first issue. Id. "A [COA] may issue... only if the applicant has made a su bstantial showing of the denial of a constitutional right." Id. at § 2253(c)(2). To make such a showing, Dixon "must demonstrate that reasonable jurists would find the district court's assessment of the constitutional cla ims debatable or wrong," Tennard v. Dretke, 542 U.S. 274, 282 (2004) (quoting Slack v. McDaniel, 529 U.S. 473, 484 (2000)), or that "the issues presented were 'adequate to deserve encouragement to proceed further.'&q uot; Miller-El v. Cockrell, 537 U.S. 322, 335-36 (2003) (quoting Barefoot v. Estelle, 463 U.S. 880, 893 n.4 (1983)). Dixon has not made this showing. Because Dixon is not entitled to a COA, he is not entitled to appeal in forma pauperis. Signed by Judge Charlene Edwards Honeywell on 3/26/2018. (BGS)
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Petitioner: Gabriel Dixon
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Respondent: Secretary, Department of Corrections
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Respondent: Attorney General, State of Florida
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