MARIO FUNES v. DARREL VANNOY WARDEN LOUISIANA STATE PENITENTIARY (2016)

ORDER:

Mario A. Funes, Louisiana prisoner # 574671, seeks a certificate of appealability (COA) from the denial of his petition under 28 U.S.C. § 2254 in which he challenged his conviction for three counts of second degree murder. He seeks to present claims alleging ineffective assistance of counsel and the denial of his right to due process. Funes also requests the appointment of counsel.

To obtain a COA, Funes must make “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2). “A petitioner satisfies this standard by demonstrating that jurists of reason could disagree with the district court's resolution of his 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)).

Funes has not made the required showing. Accordingly, his motion for a COA is DENIED, and his request for the appointment of counsel is also DENIED.

JENNIFER WALKER ELROD UNITED STATES CIRCUIT JUDGE