From Casetext: Smarter Legal Research

Suarez v. U.S.

United States District Court, M.D. Florida, Tampa Division
Sep 8, 2005
Case No. 8:04-cr-141-T-24MAP, 8:05-cv-1179-T-24MAP (M.D. Fla. Sep. 8, 2005)

Opinion

Case No. 8:04-cr-141-T-24MAP, 8:05-cv-1179-T-24MAP.

September 8, 2005


ORDER


The Court denied Defendant's 28 U.S.C. § 2255 motion to vacate, set aside, or correct an allegedly illegal sentence. Defendant filed a Notice of Appeal. Pursuant to Edwards v. United States, 114 F.3d 1083 (11th Cir. 1997), the Court construes the Notice of Appeal as a request for a certificate of appealability.

To merit a certificate of appealability, Defendant must show that reasonable jurists would find debatable both (1) the merits of an underlying claim, and (2) the procedural issues he seeks to raise. See 28 U.S.C. § 2253(c)(2); Slack v. McDaniel, 529 U.S. 473, 475 (2000). Defendant has failed to meet this standard. Therefore, Defendant has failed to satisfy the Slack test.See also, Franklin v. Hightower, 215 F.3d 1196 (11th Cir. 2000).

Accordingly, the Court orders:

That Defendant's construed application for certificate of appealability (Doc. cv-7) is denied.

ORDERED.


Summaries of

Suarez v. U.S.

United States District Court, M.D. Florida, Tampa Division
Sep 8, 2005
Case No. 8:04-cr-141-T-24MAP, 8:05-cv-1179-T-24MAP (M.D. Fla. Sep. 8, 2005)
Case details for

Suarez v. U.S.

Case Details

Full title:HEIMAR SUAREZ, v. UNITED STATES OF AMERICA

Court:United States District Court, M.D. Florida, Tampa Division

Date published: Sep 8, 2005

Citations

Case No. 8:04-cr-141-T-24MAP, 8:05-cv-1179-T-24MAP (M.D. Fla. Sep. 8, 2005)