Geronimo-Martinez v. Medeiros

Geronimo-Martinez v. Medeiros

Petitioner:	Jose Geronimo-Martinez
Respondent:	Sean Medeiros
Case Number:	1:2017cv11085
Filed:	June 13, 2017
Court:	US District Court for the District of Massachusetts
Office:	Boston Office
County:	Norfolk
Presiding Judge:	Denise J. Casper
Nature of Suit:	General
Cause of Action:	28 U.S.C. § 2254
Jury Demanded By:	None

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Date Filed	Document Text
August 13, 2018	Filing 21 Judge Denise J. Casper: ORDER entered. MEMORANDUM AND ORDER : The Court DENIES the Petition for a writ of habeas corpus. D. 1. Geronimo-Martinez may receive a certificate of appealability only if he "has made a substantial showing of the denia l of a constitutional right." 28 U.S.C. § 2253(c)(2). A certificate of appealability is appropriate when "reasonable jurists would find the district court's assessment of the constitutional claim debatable or wrong." Mille r-El v. Cockrell, 537 U.S. 322, 338 (2003) (internal quotations omitted). Based upon the analysis of the record and the applicable law, the Court does not, at this juncture, conclude that reasonable jurists would find its conclusion denying the Petition debatable or wrong. The Court, therefore, is not inclined to issue a certificate of appealability, but will give Geronimo-Martinez until September 4, 2018 to file a memorandum, not to exceed five (5) pages, if he seeks to address the issue of whether a certificate of appealability is warranted as to the Petition.(McKillop, Matthew)

Date Filed

Document Text

August 13, 2018

Filing 21 Judge Denise J. Casper: ORDER entered. MEMORANDUM AND ORDER : The Court DENIES the Petition for a writ of habeas corpus. D. 1. Geronimo-Martinez may receive a certificate of appealability only if he "has made a substantial showing of the denia l of a constitutional right." 28 U.S.C. § 2253(c)(2). A certificate of appealability is appropriate when "reasonable jurists would find the district court's assessment of the constitutional claim debatable or wrong." Mille r-El v. Cockrell, 537 U.S. 322, 338 (2003) (internal quotations omitted). Based upon the analysis of the record and the applicable law, the Court does not, at this juncture, conclude that reasonable jurists would find its conclusion denying the Petition debatable or wrong. The Court, therefore, is not inclined to issue a certificate of appealability, but will give Geronimo-Martinez until September 4, 2018 to file a memorandum, not to exceed five (5) pages, if he seeks to address the issue of whether a certificate of appealability is warranted as to the Petition.(McKillop, Matthew)

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Petitioner: Jose Geronimo-Martinez
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Respondent: Sean Medeiros
Represented By:	Susanne G. Reardon
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