Del Toro v. Secretary, Department of Corrections et al
William Del Toro |
Secretary, Department of Corrections and Attorney General, State of Florida |
8:2015cv01642 |
July 13, 2015 |
US District Court for the Middle District of Florida |
Tampa Office |
Hillsborough |
Anthony E. Porcelli |
Charlene Edwards Honeywell |
General |
28 U.S.C. ยง 2254 |
None |
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Filing 25 OPINION AND ORDER. 1. Del Toro's amended petition for writ of habeas corpus 4 is DENIED. 2. The Clerk is directed to enter judgment against Del Toro and to close this case. 3. Del Toro is not entitled to a certificate of appealabil ity ("COA"). 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 applic ant has made a substantial showing of the denial of a constitutional right." Id. at § 2253(c)(2). To make such a showing, Del Toro "must demonstrate that reasonable jurists would find the district court's assessment of th e constitutional claims 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 proc eed further.'" Miller-El v. Cockrell, 537 U.S. 322, 335-36 (2003) (quoting Barefoot v. Estelle, 463 U.S. 880, 893 n.4 (1983)). Del Toro has not made this showing. Because Del Toro is not entitled to a COA, he is not entitled to appeal in forma pauperis. Signed by Judge Charlene Edwards Honeywell on 4/27/2018. (BGS) |
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