The opinion
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