ORDER ON CERTIFICATE OF APPEALABILTIY

F. DENNIS SAYLOR, IV, District Judge.

This is a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The Court has dismissed McCowen's mixed petition for failure to exhaust state remedies. He can only appeal that dismissal if he receives a certificate of appealability. For the following reasons, the Court will certify the appealability of this dismissal as to the limited question of whether it was appropriate to lift the stay.

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. However, a jurist of reason might find that it was not appropriate to lift the stay, and so a certificate of appealability will be granted as to that limited issue.

Accordingly, a certificate of appealability is GRANTED with respect to the Court's decision to lift the stay and otherwise DENIED.

So Ordered.