Jones v. McCain et al

Filing 18

ORDER: as set forth in document, Court will not issue certificate of appealability. Signed by Chief Judge Sarah S. Vance on 3/21/2012.(rll, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
DAVID W. JONES

CIVIL ACTION

VERSUS

NO. 11-2382

SANDY MCCAIN, WARDEN

SECTION “R”(6)
ORDER

Rule 11 of the Rules Governing Section 2254 Proceedings provides that “[t]he
district court must issue or deny a certificate of appealability when it enters a final order
adverse to the applicant. Before entering the final order, the court may direct the
parties to submit arguments on whether a certificate should issue.” Rules Governing
Section 2254 Proceedings, Rule 11(a). A court may only issue a certificate of
appealability if the petitioner makes “a substantial showing of the denial of a
constitutional right.” 28 U.S.C. § 2253(c)(2); Rules Governing Section 2254
Proceedings, Rule 11(a) (noting that § 2253(c)(2) supplies the controlling standard).
In Miller-El v. Cockrell, the Supreme Court held that the “controlling standard” for a
certificate of appealability requires the petitioner to show “that reasonable jurists could
debate whether (or, for that matter, agree that) the petition should have been resolved in
a different manner or that the issues presented [are] ‘adequate to deserve
encouragement to proceed further.’” 537 U.S. 322, 336 (2003). With respect to claims
denied on procedural grounds, the petitioner must make a two-part showing: (1) that
“jurists of reason would find it debatable whether the district court was correct in its
procedural ruling,” and (2) that “jurists of reason would find it debatable whether the
petition states a valid claim of the denial of a constitutional right.” Johnson v.
Quarterman, 483 F.3d 278, 284 (5th Cir. 2007) (quoting Slack v. McDaniel, 529 U.S.
473, 484 (2000)).

Here, Jones has not made a substantial showing of the denial of a constitutional
right. Further, the issues would not engender debate among reasonable jurists.
Accordingly,
The Court willHelloissue is certificate of appealability.
not This a a Test
New Orleans, Louisiana, this 21st day of

March

SARAH S. VANCE
UNITED STATES DISTRICT JUDGE

, 2012.