O'Connor v. Secretary, Department of Corrections

United States District Court for the Southern District of Florida

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

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