Whether a federal habeas petitioner can obtain a certificate of appealability after failing to make a substantial showing of a constitutional right's denial under 28 U.S.C. § 2253(c)(2)

No question identified. : 5. Afterward, it will take a reasonable amount of time to prepare his Petition for Writ of Certioari. 6. A 45 day extension of time to prepare and file the Petition for Writ of Certioari will be sufficient. 7. The instant motion is not being filed for purpose of undue delay. 8. Because of his incarceration, Petitioner has no way of contacting the Respondent to ascertain if there are any objections to granting an extension of time; however, the Respondent should not suffer any prejudice through granting a 45 day extension. WHEREFORE, Petitioner prays this Honorable Court will grant a 45 day extension of time to file his Petition for Writ of Certioari. Respectfully submitted, DC # 104838 Everglades Corr. Inst. 1599 S.W. 187" Avenue Miami, FL. 33194 CERTIFICATE OF SERVICE | hereby certify that a true and correct copy of the instant motion has been handed to Everglades Correctional prison officials for mailing to: Office of Attorney General, 1515 N. Flagler Drive, Ste. 900, West Palm Beach, Florida 33401-3432, on this _¥ day of January 2024. USCA11 Case: 22-12588 Document: 18-2 Date Filed: 09/06/2023 Page: 1 of 2 Un the United States Court of Appeals Hor the Eleventh Circuit No. 22-12588 MARCUS KELLY, versus SECRETARY, DEPARTMENT OF CORRECTIONS, Appeal from the United States District Court for the Southern District of Florida D.C. Docket No. 2:20-cv-14348-AMC USCA11 Case: 22-12588 Document: 18-2 Date Filed: 09/06/2023 Page: 2 of 2 2 Order of the Court 22-12588 ORDER: Marcus Kelly moves for a certificate of appealability in order to appeal the denial of his 28 U.S.C. § 2254 petition for habeas corpus. His motion is DENIED because he has failed to make a substantial showing of the denial of a constitutional right. See 28 US.C. § 2253(c)(2). /s/ Robert J. Luck UNITED STATES CIRCUIT JUDGE USCA11 Case: 22-12588 Document: 20-2 Date Filed: 10/17/2023 Page: 1 of 2 Un the United States Court of Appeals Hor the Eleventh Circuit No. 22-12588 MARCUS KELLY, versus SECRETARY, DEPARTMENT OF CORRECTIONS, Appeal from the United States District Court for the Southern District of Florida D.C. Docket No. 2:20-cv-14348-AMC USCA11 Case: 22-12588 Document: 20-2 Date Filed: 10/17/2023 Page: 2 of 2 2 Order of the Court 22-12588 Before ROSENBAUM and LucK, Circuit Judges. BY THE COURT: Marcus Kelly has filed a motion for reconsideration, pursuant to 11th Cir. R. 22-1(c) and 27-2, of this Court’s order dated September 6, 2023, denying his motion for a certificate of appealability in his appeal of the denial of his 28 U.S.C. § 2254 habeas corpus petition. Upon review, Kelly’s motion for reconsideration is DENIED because he has not alleged any points of law or fact that this Court overlooked or misapprehended in denying his motions.