Moreno Mujica v. Secretary, Department of Corrections (Pasco)
Secretary, Department of Corrections |
Kervin Moreno Mujica, Sr. |
8:2023cv02405 |
October 23, 2023 |
US District Court for the Middle District of Florida |
Charlene Edwards Honeywell |
Anthony E Porcelli |
Habeas Corpus (General) |
28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
None |
Docket Report
This docket was last retrieved on October 25, 2023. A more recent docket listing may be available from PACER.
Document Text |
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Filing 2 ORDERED: 1. The Petition for Writ of Habeas Corpus #1 is DISMISSED without prejudice. 2. No certificate of appealability will issue. Petitioner is entitled to a certificate of appealability only if he shows that reasonable jurists would find debatable (1) whether the court was correct in its procedural ruling, and (2) whether the petition stated "a valid claim of the denial of a constitutional right." See 28 U.S.C. 2253(c)(2); Slack v. McDaniel, 529 U.S. 473, 484 (2000). Petitioner cannot make the required showing. Specifically, he cannot show by citation of contrary authority or otherwise that reasonable jurists would debate the determination that the petition is not ripe for review and that he stated a substantial denial of a constitutional right. And, because he is not entitled to a certificate of appealability, he is denied leave to proceed on appeal in forma pauperis. 3. The Clerk is directed to close this case. Signed by Judge Charlene Edwards Honeywell on 10/25/2023. (AB) |
Filing 1 PETITION for Writ of Habeas Corpus - State filed by Kervin Moreno Mujica, Sr. (Attachments: #1 Mailing Envelope)(Filing fee: Not paid. No IFP motion filed)(AA) Modified text on 10/30/2023 (AA). |
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Petitioner: Kervin Moreno Mujica, Sr. | |
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Defendant: Secretary, Department of Corrections | |
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