Opinion
Case No. 4:16CV01129 SNLJ
08-07-2019
OLIVER JOHNSON, Petitioner, v. EILEEN RAMEY, Respondent.
MEMORANDUM AND ORDER
This matter is before me on the petition for writ of habeas corpus filed by Petitioner Oliver Johnson. I referred this matter to United States Magistrate Judge Noelle C. Collins, for a report and recommendation on all dispositive matters pursuant to 28 U.S.C. § 636(b). On June 19, 2019, Judge Collins filed her recommendation that Johnson's habeas petition should be dismissed. Thereafter, Johnson filed objections thereto.
After careful consideration, I will adopt and sustain the thorough reasoning of Judge Collins and deny Johnson's habeas petition for the reasons stated in the Report and Recommendation dated June 19, 2019. I have also considered whether to issue a certificate of appealability. To grant a certificate of appealability, the Court must find a substantial showing of the denial of a federal constitutional right. See Tiedeman v. Benson, 122 F.3d 518, 522 (8th Cir. 1997). A substantial showing is a showing that issues are debatable among reasonable jurists, a Court could resolve the issues differently, or the issues deserve further proceedings. Cox v. Norris, 133 F.3d 565, 569 (8th Cir. 1997) (citing Flieger v. Delo, 16 F.3d 878, 882-83 (8th Cir. 1994). Because Johnson has not made such a showing in this case, I will not issue a certificate of appealability.
Accordingly,
IT IS HEREBY ORDERED that Judge Collin's Report and Recommendation, #31, filed On June 19, 2019 is adopted and sustained in its entirety.
IT IS FURTHER ORDERED that Petitioner 's Petition for Writ of Habeas Corpus, #1, is DENIED.
IT IS FURTHER ORDERED that the Court will not issue a certificate of appealability. A separate Judgment in accordance with this Memorandum and Order is entered this same date.
Dated this 7th day of August, 2019.
/s/_________
STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE