Rosa v. Maloney, No. 05-2796 (1st Cir. 2006)

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Not For Publication in West's Federal Reporter Citation Limited Pursuant to 1st Cir. Loc.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 * Of the Federal Circuit, sitting by designation. 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. state court conviction for Rosa claims that his Massachusetts 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 memorandum and order. court in its thorough and well-reasoned We find no arguments requiring further discussion on appeal. Affirmed. -2-

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