Fiorentino v. Nelson

Filing 16

Certificate of Appealability Denied. Signed by District Judge Taylor B. McNeel on 9/24/24. (JCH)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
SOUTHERN DIVISION
ERIC JASON FIORENTINO, JR.
v.

PETITIONER
CIVIL ACTION NO. 1:23-cv-125-TBM-RPM

TYRONE NELSON

RESPONDENT

CERTIFICATE OF APPEALABILITY – DENIED
A final order adverse to the applicant having been filed in the captioned habeas corpus case,
in which the detention complained of arises out of process issued by a state court, this Court,
considering the record in the case and the requirements of 28 U.S.C. § 2253, Rule 22(b) of the
Federal Rules of Appellate Procedure, and Rule 11(a) of the Rules Governing Section 2254 Cases
in the United States District Courts, finds that a Certificate of Appealability should not issue.
To be entitled to a Certificate of Appealability, an applicant must make “a substantial
showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2). To meet this burden, the
applicant must demonstrate: “(1) that reasonable jurists would find this Court’s ‘assessment of
the constitutional claims debatable or wrong,’ or (2) that reasonable jurists would find ‘it debatable
whether the petition states a valid claim of the denial of a constitutional right’ and ‘debatable
whether [this Court] was correct in its procedural ruling.’” Wilson v. Epps, No. 5:07-cv-165-DCB,
2010 WL 3909691, at *2 (S.D. Miss. Oct. 1, 2010) (alteration in original) (quoting Slack v.
McDaniel, 529 U.S. 473, 484, 120 S. Ct. 1595, 146 L. Ed. 2d 542 (2000)). The Court finds that the
applicant has failed to meet either of the criteria set forth by the Supreme Court in Slack, and

therefore has failed to make a substantial showing of the denial of a constitutional right. A
Certificate of Appealability is denied.
THIS, the 24th day of September, 2024.
_____________________________
TAYLOR B. McNEEL
UNITED STATES DISTRICT JUDGE

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