Cobb v. United States

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

JAMES LEE COBB,

Petitioner,

v. Case No.: 8:18-cv-283-CEH-SPF Case No.: 8:14-cr-123-CEH-SPF UNITED STATES OF AMERICA,

Respondent. /

ORDER An earlier order denied James Lee Cobb’s motion under 28 U.S.C. § 2255. (Civ. Doc. 99) Subsequently, Cobb filed a notice of appeal from that order that includes a request for a certificate of appealability. (Civ. Doc. 103) Cobb is not entitled to a certificate of appealability. To obtain a certificate of appealability, the petitioner must show that reasonable jurists would find debatable both (1) the merits of the underlying claims and (2) the procedural issues he seeks to raise. See 28 U.S.C. § 2253(c)(2); Slack v. McDaniel, 529 U.S. 473, 478 (2000); Eagle v. Linahan, 279 F.3d 926, 935 (11th Cir 2001). Because Cobb fails to show that reasonable jurists would debate either the merits of the claims or the procedural issues, he is not entitled to a certificate of appealability or to appeal in forma pauperis. Cobb’s request for a certificate of appealability (Civ. Doc. 103) included in the notice of appeal is DENIED. Leave to appeal in forma pauperis is DENIED. Cobb must obtain permission from the circuit court to appeal in forma pauperis. DONE and ORDERED in Tampa, Florida on January 27, 2025.

Aa Mewes Feber) Gaga Mono. ji el 0 . Charlene Edwards Honeywell United States District Judge

Copies to: Pro Se Petitioner Counsel of Record