O'Connor v. Secretary, Department of Corrections
O'Connor v. Secretary, Department of Corrections
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA
Case No. 22-cv-62420-BLOOM
NYKA O’CONNOR,
Petitioner,
v.
FLORIDA DEPARTMENT OF CORRECTIONS,
Respondent. / ORDER THIS CAUSE is before the Court on pro se Petitioner Nyka O’Connor’s Application to Proceed to District Court Without Prepaying Fees or Costs, ECF No. [23], docketed on March 7, 2023. As the Court previously dismissed Petitioner’s Petition on December 29, 2022, see ECF No. [17], the Court construes the request as a Motion for Leave to Appeal In Forma Pauperis. For the following reasons, the Motion is denied. In its December 29, 2022, Order the Court stated as follows: “[B]ecause the Petition is “second or successive,” the Court has no authority to issue a certificate of appealability. See Williams v. Chatman,
510 F.3d 1290, 1295(11th Cir. 2007) (“Without [successive] authorization, the district court lacked subject matter jurisdiction to consider the successive petition, and therefore could not issue a COA with respect to any of these claims.”).” ECF No. [17] at 2. Nothing has changed. Accordingly, it is ORDERED AND ADJUDGED that Petitioner’s Motion for Leave to Appeal In Forma Pauperis, ECF No. [23], is DENIED. The case shall remain closed. Case No. 22-cv-62420-BLOOM
DONE AND ORDERED in Chambers at Miami, Florida, on March 10, 2023.
BETH BLOOM UNITED STATES DISTRICT JUDGE Copies to:
Nyka O'Connor 199579 Apalachee Correctional Institution East Inmate Mail/Parcels 35 Apalachee Drive Sneads, FL 32460 PRO SE
Reference
- Status
- Unknown