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Kristen Elizabeth Wagner v. Ricky D. Dixon, Secretary, Florida Department of Corrections
Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 24-13079 · judgment February 24, 2025
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Whether the Eleventh Circuit’s denial of Petitioner’s motion for certificate of appealability based on a single judge’s assessment of the likelihood that Petitioner would succeed on merits violates this Court’s established standard for certificates of appealability, under which a certificate may not be denied based on a court’s belief that the applicant will not ultimately demonstrate an entitlement to relief on appeal? (i)
Counsel of record
For petitioner
Elliot H. Scherker
Greenberg Traurig, P.A.
For respondent
Marilyn Frances Muir
Office of the Attorney General, State of Florida
Case
Conference history
Distributed for 1 conference
Proceedings
- Oct 06 2025Petition DENIED.
- Jun 25 2025DISTRIBUTED for Conference of 9/29/2025.
- Jun 18 2025Waiver of right of respondent Dixon, Sec., FL DOC to respond filed.
- May 23 2025Petition for a writ of certiorari filed. (Response due June 27, 2025)