Rousell v. Monfra et al

Filing 8

ODER AND REASONS Certificate of Appealability Denied by USDC. The Court dismissed Braxton Rousell's petition for habeas corpus relief for failure to prosecute. For the reasons stated herein, Rousell has not satisfied that standard. The Court will not issue a certificate of appealability. Signed by Judge Sarah S. Vance on 8/4/2017.(cg)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
BRAXTON ROUSELL

CIVIL ACTION

VERSUS

NO. 17-1877

SUE ELLEN MONFRA

SECTION “R” (4)
ORDER AND REASONS

The Court dismissed Braxton Rousell’s petition for habeas corpus relief
for failure to prosecute.1 The Court now denies a certificate of appealability.
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 issue a certificate of appealability only 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).

The “controlling

standard” for a certificate of appealability requires the petitioner to show

1

R. Doc. 7.

“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.’” Miller-El v. Cockrell, 537 U.S. 322, 336 (2003).
Rousell has not satisfied that standard. The Court will not issue a
certificate of appealability.
New Orleans, Louisiana, this 4th day of August, 2017.

_____________________
SARAH S. VANCE
UNITED STATES DISTRICT JUDGE

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