The opinion
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
JONATHAN SMITH, : Civil No. 1:24-CV-01608
:
Petitioner, :
:
v. :
:
THE PENNSYLVANIA BOARD OF :
PAROLE, et al., :
:
Respondents. : Judge Jennifer P. Wilson
MEMORANDUM
On November 29, 2024, the court entered an order dismissing the Section
2254 petition in the above captioned matter. (Doc. 4.) That order did not address
the certificate of appealability (“COA”) as required under Rule 11 of the Rules
Governing 2254 Cases in the United States District Courts. Therefore, the court
now takes this opportunity to consider a COA and declines to issue a COA in this
matter.
CERTIFICATE OF APPEALABILITY
Pursuant to 28 U.S.C. § 2253(c), unless a circuit justice or judge issues a
COA, an appeal may not be taken from a final order in a proceeding under 28
U.S.C. § 2254. A COA may issue only if the applicant has made a substantial
showing of the denial of a constitutional right. 28 U.S.C. § 2253(c)(2). “A
petitioner satisfies this standard by demonstrating that jurists of reason could
disagree with the district court’s resolution of his 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). “When the
district court denies a habeas petition on procedural grounds without reaching the
prisoner’s underlying constitutional claim, a COA should issue when the prisoner
shows, at least, that jurists of reason would find it debatable whether the petition
states a valid claim of the denial of a constitutional right and that jurists of reason
would find it debatable whether the district court was correct in its procedural
ruling.” Slack v. McDaniel, 529 U.S. 473, 484 (2000). Here, jurists of reason
would not conclude that the issues presented are adequate to deserve
encouragement to proceed further. Accordingly, no COA will be issued.
An appropriate order follows.
s/Jennifer P. Wilson
JENNIFER P. WILSON
United States District Judge
Middle District of Pennsylvania
Date: January 16, 2025