Rushing v. Vannoy

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

DAVID RUSHING CIVIL ACTION

VERSUS NO. 21-929

STATE OF LOUISIANA, ET AL. SECTION “R” (4)

ORDER

Having separately issued a final order in connection with the above captioned matter, the Court hereby orders that a certificate of appealability shall not be issued. When a district court enters a final order adverse to a petitioner under 28 U.S.C. § 2254, the court must issue or deny a certificate of appealability. Rules Governing Section 2254 Cases, Rule 11(a). A court may issue a certificate of appealability only if the petitioner makes a “substantial showing of the denial of a constitutional right,” a demonstration that “includes showing that reasonable jurists could debate whether . . . the petition should have been resolved in a different manner or that the issues presented were adequate to deserve encouragement to proceed further.” United States v. Jones, 287 F.3d 325, 329 (5th Cir. 2002). Rushing’s petition does not satisfy these standards. For the

reasons stated in this Court’s March 22, 2023 Order and Reasons, the Court finds that Rushing’s arguments do not amount to a substantial showing that his constitutional rights were compromised, nor would they engender any type of debate among reasonable jurists. Accordingly, the Court will not issue a certificate of appealability.

New Orleans, Louisiana, this 29th day of March, 2023. dernk Verea_ SARAH S. VANCE UNITED STATES DISTRICT JUDGE

1 R. Doc. 19.