Francis v. Secretary, Department of Corrections et al
| Richard Francis |
| Secretary, Department of Corrections and Attorney General, State of Florida |
| 8:2015cv02205 |
| September 21, 2015 |
| US District Court for the Middle District of Florida |
| Tampa Office |
| Hillsborough |
| Charlene Edwards Honeywell |
| Elizabeth A. Jenkins |
| General |
| 28 U.S.C. ยง 2254 |
| None |
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Filing
21
OPINION AND ORDER. 1. Francis's petition for writ of habeas corpus 1 is DENIED. 2. The Clerk is directed to enter judgment against Francis and to close this case. 3. Francis is not entitled to a certificate of appealability ("C OA"). 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 substantial showing of the denial of a constitutional right." Id. at § 2253(c)(2). To make such a showing, Francis "must demonstrate that reasonable jurists would find the district court's assessment of the constitutio nal 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 proceed further.& #039;" Miller-El v. Cockrell, 537 U.S. 322, 335-36 (2003) (quoting Barefoot v. Estelle, 463 U.S. 880, 893 n.4 (1983)). Francis has not made this showing. Because Francis is not entitled to a COA, he is not entitled to appeal in forma pauperis. Signed by Judge Charlene Edwards Honeywell on 6/22/2018. (BGS)
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