Payne v. Vannoy et al

Filing 21

Certificate of Appealability Denied by USDC. Signed by Chief Judge Nannette Jolivette Brown on 9/13/2021.(jls)

Case 2:18-cv-03828-NJB Document 21 Filed 09/13/21 Page 1 of 2

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA

TERRENCE PAYNE

CIVIL ACTION

VERSUS

NO. 18-3828

DARREL VANNOY

SECTION “G”(4)
ORDER

“A COA [Certificate of Appealability] will issue only if the requirements of [28 U.S.C.]
§ 2253 have been satisfied.”1 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.”4

1

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

2

Id. (quoting 28 U.S.C. § 2253(c)).

3

McGowen v. Thaler, 675 F.3d 482, 498 (5th Cir. 2012) (quoting Slack v. McDaniel, 529 U.S. 473, 484 (2000)).

4

Id. (quoting Slack, 529 U.S. at 484).

Case 2:18-cv-03828-NJB Document 21 Filed 09/13/21 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 her part.’”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 adopting the Magistrate Judge’s Report and
Recommendation, Petitioner has not demonstrated a violation of his constitutional rights.
Moreover, these issues would not engender debate among reasonable jurists. Accordingly,
IT IS HEREBY ORDERED that a Certificate of Appealability is DENIED

13th
NEW ORLEANS, LOUISIANA, this _____ day of September, 2021.

__________________________________________
NANNETTE JOLIVETTE BROWN
CHIEF JUDGE
UNITED STATES DISTRICT COURT

5

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

6

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

7

Id.

See id.; Hill v. Johnson, 2010 F.3d 481 484 (5th Cir. 2000) (“[W]e may consider the severity of his penalty in
determining whether he has met his ‘substantial showing’ burden.”).
8