Coutu v. COMMONWEALTH OF MASSACHUSETTS et al

Filing 37

Judge F. Dennis Saylor, IV: ORDER On Certificate of Appealability entered. re 36 Order on Motion to Dismiss (Halley, Taylor)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
_______________________________________
)
DAVID DANIEL COUTU,
)
)
Petitioner,
)
)
v.
)
)
COMMONWEALTH OF
)
MASSACHUSETTS and
)
ATTORNEY GENERAL MAURA
)
HEALEY,
)
)
Respondents.
)
_______________________________________)

Civil Action No.
17-10702-FDS

ORDER ON CERTIFICATE OF APPEALABILITY
SAYLOR, J.
This is a petition seeking a writ of habeas corpus pursuant to 28 U.S.C. § 2254(d).
Petitioner was convicted by a jury in 2007 of aggravated rape, home invasion, and mayhem,
among other things. The Court has dismissed his petition for a writ of habeas corpus. He can
only appeal that dismissal if he receives a certificate of appealability. For the following reasons,
the Court will not certify the appealability of this dismissal.
A certificate of appealability will issue only if the petitioner “has made a substantial
showing of the denial of a constitutional right.” 28 U.S.C. § 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)). That standard must
be independently satisfied as to “each and every issue raised by a habeas petitioner.” See Bui v.

DiPaolo, 170 F.3d 232, 236 (1st Cir. 1999).
The Court concludes that jurists of reason could not disagree that petitioner has failed to
exhaust at least one of his claims.
Accordingly, a certificate of appealability is DENIED.
So Ordered.

Dated: May 29, 2018

/s/ F. Dennis Saylor
F. Dennis Saylor, IV
United States District Judge