Thomas Rosa, Jr. v. Michael T. Maloney

Of the Federal Circuit, sitting by designation. *
Not For Publication in West's Federal Reporter
Citation Limited Pursuant to 1st Cir. Loc. R. 32.3
United States Court of Appeals
For the First Circuit
No. 05-2796
THOMAS ROSA, JR.,
Petitioner, Appellant,
v.
MICHAEL T. MALONEY,
Respondent, Appellee.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
[Hon. Nancy Gertner, U.S. District Judge]
Before
Boudin, Chief Judge,
Torruella and Dyk, Circuit Judges. *
Kathleen M. McCarthy, was on brief, for appellant.
Susanne G. Reardon, Assistant Attorney General, Criminal
Bureau, with whom Thomas F. Reilly, Attorney General, were on
brief, for appellee.
September 7, 2006

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Per Curiam. Petitioner Thomas Rosa, Jr. ("Rosa") appeals
the district court's denial of his petition for a writ of habeas
corpus under 28 U.S.C. § 2254. Rosa claims that his Massachusetts
state court conviction for murder in the first degree and
kidnaping, Commonwealth v. Rosa, 422 Mass. 18 (1996), should be set
aside on two grounds. First, Rosa alleges that post-conviction DNA
testing casts doubt on his original conviction. Second, the
prosecution lost two pieces of evidence before DNA-testing could be
performed. The district court found that neither ground was a
viable challenge to Rosa's conviction. After carefully reviewing
the parties' arguments, we affirm substantially for the reasons set
out by the district court in its thorough and well-reasoned
memorandum and order. We find no arguments requiring further
discussion on appeal.
Affirmed.

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