Petition for Writ of Certiorari — Roy Parker, Petitioner v. Burl Cain, Warden

Case 2:15-cv-00065-NJB Document 30 Filed 09/13/17

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UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF LOUISIANA

ROY PARKER

CIVIL ACTION

VERSUS

NO. 15-65

N. BURL CAIN, WARDEN

SECTION: "G"(2)

ORDER

"A COA [Certificate of Appealability] will issue only if the requirements of [28 U.S.C.]

§ 2253 have been satisfied." Section 2253(c) permits issuance of a COA when "a petitioner has

made a 'substantial showing of the denial of a constitutional right."2 "Under this standard, when

a district court denies habeas relief by rejecting constitutional claims on their merits, 'the petitioner

must demonstrate that reasonable jurists would find the district court's assessment of the

constitutional claims debatable or wrong."3 When the district court denies the petition on

.

procedural grounds without reaching the merits, the petitioner must show "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."'

'Miller-El v. Cockrell, 537 U.S. 322, 336 (2003).

2

Id. (quoting 28 U.S.C. § 2253(c)).

McGowen v. Thaler, 675 F.3d 482, 498 (5th Cir. 2012) (quoting Slack v. McDaniel, 529 U.S. 473, 484

(2000)).

Case 2:15-cv-00065-NJB Document 30 Filed 09/13/17 Page 2 of 2

The petitioner must demonstrate "something more than the absence of frivolity or the

existence of mere 'good faith' on his or herpart."5 However, a COA should not be denied "merely

because [the court] believes the applicant will not demonstrate an entitlement to relief. ,6 In

addition "any doubts as to whether a COA should be granted are resolved in the petitioner's

favor,"7 and the severity of the penalty may be a consideration in deciding whether a petitioner

has made a "substantial showing."8

For the reasons set forth in this Court's Order and Reasons adopting the Magistrate Judge's

Report and Recommendation, Petitioner has not made a substantial showing of the denial of a

constitutional right. Moreover, this determination would not engender debate among reasonable

jurists. Accordingly,

IT IS HEREBY ORDERED that a Certificate of Appealability is DENIED.

NEW ORLEANS, LOUISIANA, thisl2th day of September, 2017.

NANNETTE JOfr7VETTE BROWN

UNITED STATES DISTRICT JUDGE

Id. (quoting Miller-El, 537 U.S. at 338).

6

Id. (quoting Miller-El, 537 U.S. at 337).

7

Id

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