Coutu v. COMMONWEALTH OF MASSACHUSETTS

Opinion

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS

_______________________________________ ) DAVID DANIEL COUTU, ) ) Petitioner, ) ) Civil Action No. v. ) 17-10702-FDS ) COMMONWEALTH OF ) MASSACHUSETTS and ) ATTORNEY GENERAL MAURA ) HEALEY, ) ) Respondents. ) _______________________________________)

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.

/s/ F. Dennis Saylor F. Dennis Saylor, IV Dated: May 29, 2018 United States District Judge