Valle v. Secretary, FL Dept. of Corrections, et al.

Petitioner, a death row inmate, filed a petition for a writ of habeas corpus under 28 U.S.C. 2254, complaining that he was denied clemency proceedings or alternatively, was denied clemency itself without the benefit of a clemency investigation and clemency counsel. The court held that the district court correctly dismissed petitioner's section 2254 petition where he had no right to clemency that he could enforce through his habeas petition. The court also denied petitioner's request to stay the execution and remand to the district court so that counsel could be appointed and the complaint could be raised under 42 U.S.C. 1983 where petitioner had not shown a significant or substantial likelihood of success on the merits of his clemency claim or claims. Accordingly, the court affirmed the judgment of the district court.