Bianchi v. Medeiros

Filing 36

Judge F. Dennis Saylor, IV: ORDER entered. Order on Certificate of Appealability. (Zaleski, Christine)

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UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS ________________________________________ ) ROBERT BIANCHI, ) ) Petitioner, ) ) v. ) Civil Action No. ) 16-11330-FDS SEAN MEDEIROS, ) ) Respondent. ) ) ORDER ON CERTIFICATE OF APPEALABILITY SAYLOR, J. To appeal a final order in a proceeding instituted under 28 U.S.C. § 2254, the petitioner must first obtain a Certificate of Appealability (“COA”) from a circuit justice or a district court. See 28 U.S.C. § 2253(c). A COA will issue only if the petitioner “has made a substantial showing of the denial of a constitutional right.” Id. § 2253(c)(2). That standard is satisfied by “demonstrating that jurists of reason could disagree with the district court’s resolution of [petitioner’s] 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) (citing Slack v. McDaniel, 529 U.S. 473, 484 (2000)). The Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”) imposed a oneyear limitations period for habeas corpus petitions by state prisoners. 28 U.S.C. § 2244(d). Petitioner claimed that his petition was timely, despite being filed more than fourteen years after his state-court conviction became final, because the limitations period was tolled by a pending motion under Mass. R. Crim. P. 25 for a required finding of not guilty. In the alternative, he claimed that he was entitled to equitable tolling of the limitations period. Petitioner’s contentions present colorable claims of a substantial showing of the denial of a constitutional right, and it further appears that a reasonable jurist could disagree with the Court’s conclusions. Accordingly, a certificate of appealability is GRANTED as to (1) whether petitioner’s motion under Mass. R. Crim. P. 25 was a “properly filed application for State post-conviction or other collateral review,” thereby suspending the one-year limitations period under AEDPA, 28 U.S.C. § 2244(d)(2); and (2) whether the limitations period should be equitably tolled. So Ordered. /s/ F. Dennis Saylor F. Dennis Saylor IV United States District Judge Dated: May 15, 2017 2

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