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

IFP petition · United States Court of Appeals for the Eleventh Circuit, No. 22-13006 · judgment May 20, 2024


Certiorari denied · October 6, 2025

Questions presented

  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?

Counsel of record

For petitioner
Linda McDermott
Federal Defender for the Northern Dist of Florida

For respondent
Carla Suzanne Bechard
Office of the Attorney General, State of Florida

Case

Conference history
Distributed for 1 conference

Linked docket
24A799

Proceedings

  1. Oct 06 2025
    Petition DENIED.
  2. Aug 21 2025
    DISTRIBUTED for Conference of 9/29/2025.
  3. Jul 28 2025
    Reply of petitioner Kenneth Hartley filed.
  4. Jul 14 2025
    Brief of respondent Ricky D. Dixon Secretary, Florida Department of Corrections, et al. in opposition filed.
  5. May 13 2025
    Motion to extend the time to file a response is granted and the time is extended to and including July 15, 2025.
  6. May 12 2025
    Motion to extend the time to file a response from May 16, 2025 to July 15, 2025, submitted to The Clerk.
  7. Apr 08 2025
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 16, 2025)
  8. Feb 19 2025
    Application (24A799) granted by Justice Thomas extending the time to file until April 8, 2025.
  9. Feb 13 2025
    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.