No. 24-7010

Kenneth Hartley v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al.

Lower Court: Eleventh Circuit
Docketed: 2025-04-16
Status: Denied
Type: IFP
IFP Experienced Counsel
Tags: certificate-of-appealability constitutional-claims eleventh-circuit federal-procedure habeas-corpus judicial-review
Key Terms:
AdministrativeLaw DueProcess HabeasCorpus Punishment Securities
Latest Conference: 2025-09-29
Question Presented (AI Summary)

Whether the Eleventh Circuit's blanket denial of a certificate of appealability complies with Supreme Court standards for COA review and whether the district court's high denial rate constitutes a systemic failure to apply proper legal standards

Question Presented (OCR Extract)

1. Whether the Eleventh Circuit Court of Appeals ’ pro forma, nonindividualized, blanket denial of a certificate of appealability ( COA) complies with the standards for reviewing a COA as set forth in 28 U.S.C. § 2253(c) and later enunciated in Slack v. McDaniel , 529 U.S. 473 (2000) , and Miller -El v. Cockrell , 537 U.S. 322 (2003) ? 2. Whether the United States District Court for the Middle District of Florida’s disproportionately high denial rate of applications for a COA in federal habeas cases is a continuing systemic failure of that court to correctly apply this Court’s guidance in Slack and Miller ? 3. Whether the petitioner has demonstrated that jurists of reason could disagree with the district court’s resolution of his constitutional claims or that such jurists could conclude the issues presented are adequate to deserve encouragement to proceed further, thereby entitling petitioner to the issuance of a COA? ii LIST OF DIRECTLY

Docket Entries

2025-10-06
Petition DENIED.
2025-08-21
DISTRIBUTED for Conference of 9/29/2025.
2025-07-28
Brief of Kenneth Hartley in support submitted.
2025-07-28
Reply of Kenneth Hartley submitted.
2025-07-28
Reply of petitioner Kenneth Hartley filed.
2025-07-14
Brief of Secretary, Florida Department of Corrections, et al. in opposition submitted.
2025-07-14
Brief of respondent Ricky D. Dixon Secretary, Florida Department of Corrections, et al. in opposition filed.
2025-05-13
Motion to extend the time to file a response is granted and the time is extended to and including July 15, 2025.
2025-05-12
Motion of Secretary, Florida Department of Corrections, et al. for an extension of time submitted.
2025-05-12
Motion to extend the time to file a response from May 16, 2025 to July 15, 2025, submitted to The Clerk.
2025-04-08
2025-02-19
Application (24A799) granted by Justice Thomas extending the time to file until April 8, 2025.
2025-02-13
Application (24A799) to extend the time to file a petition for a writ of certiorari from March 9, 2025 to May 8, 2025, submitted to Justice Thomas.

Attorneys

Kenneth Hartley
Linda McDermottFederal Defender for the Northern Dist of Florida, Petitioner
Linda McDermottFederal Defender for the Northern Dist of Florida, Petitioner
Secretary, Florida Department of Corrections, et al.
Carla Suzanne BechardOffice of the Attorney General, State of Florida, Respondent
Carla Suzanne BechardOffice of the Attorney General, State of Florida, Respondent