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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


Certiorari denied · October 6, 2025
Pre-decision estimate: 2% cert probability

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

  1. Oct 06 2025
    Petition DENIED.
  2. Jun 25 2025
    DISTRIBUTED for Conference of 9/29/2025.
  3. Jun 18 2025
    Waiver of right of respondent Dixon, Sec., FL DOC to respond filed.
  4. May 23 2025
    Petition for a writ of certiorari filed. (Response due June 27, 2025)