Brown v. Medieros

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS ___________________________________ ) ANTHONY BROWN, ) ) Petitioner, ) ) Civil Action No. v. ) 17-12503-FDS ) SEAN MEDEIROS, ) ) Respondent. ) ____________________________________) ORDER ON CERTIFICATE OF APPEALABILITY SAYLOR, J. This is a petition seeking a writ of habeas corpus pursuant to 28 U.S.C. § 2254 (d). Petitioner was convicted by a jury in 2015 of burglary, breaking and entering, and possession of burglarious tools. The Court has dismissed his petition for a writ of habeas corpus. He can only appeal that dismissal if he receives a certificate of appealability. For the following reasons, the Court will not certify the appealability of this dismissal. A certificate of appealability will issue only if the petitioner “has made a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253 (c)(2). That standard is satisfied by “demonstrating that jurists of reason could disagree with the district court’s resolution of [petitioner’s] constitutional claims or that jurists could conclude the issues presented are adequate to deserve encouragement to proceed further.” Miller-El v. Cockrell, 537 U.S. 322, 327 (2003) (citing Slack v. McDaniel, 529 U.S. 473, 484 (2000)). That standard must be independently satisfied as to “each and every issue raised by a habeas petitioner.” See Bui v. DiPaolo, 170 F.3d 232, 236 (1st Cir. 1999). The Court concludes that jurists of reason could not disagree that petitioner has failed to prosecute his claims. Accordingly, a certificate of appealability is DENIED. So Ordered. /s/ F. Dennis Saylor F. Dennis Saylor, IV Dated: May 30, 2018 United States District Judge