Day v. Secretary, Department of Corrections (Polk County)

Opinion

MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

JOSHUA LEE DAY,

Petitioner,

v. Case No. 8:22-cv-1576-WFJ-AAS

SECRETARY, DEPARTMENT OF CORRECTIONS,

Respondent. _______________________________/

ORDER

Before the Court are Mr. Day’s Motion for Certificate of Appealability and/or Reconsideration (Doc. 22), Motion for Need of Confirmation (Doc. 24), construed motion for a certificate of appealability (Doc. 26), and Motion for Extension of Time to File a Leave to Appeal [sic] Forma Paupersis [sic] (Doc. 29). Upon consideration, it is ORDERED that: 1. The Motion for Certificate of Appealability and/or Reconsideration (Doc. 22) and the construed motion for a certificate of appealability (Doc. 26) are DENIED. The Court sees no basis to reconsider its order denying Mr. Day’s motion to expand the record (See Doc. 21). And a certificate of appealability is not warranted because the order denying the motion to expand the record is neither a final order nor an appealable interlocutory or collateral order. See Hallcy v. Lumpkin, 2023 WL 4351242, at *1 (5th Cir. July 5, 2023). 2. The Motion for Need of Confirmation (Doc. 24) is DENIED. The Court will not give Mr. Day legal advice as to how he should proceed with his motions or appeals. 1 3. The Motion for Extension of Time to File a Leave to Appeal [sic] Forma Paupersis [sic] (Doc. 29) is GRANTED. Mr. Day must file any motion to proceed on appeal in forma pauperis by September 20, 2024. ORDERED in Tampa, Florida, on August 23, 2024.

WILLIAM F. ca UNITED STATES DISTRICT JUDGE cc: Joshua Lee Day, pro se Counsel of Record