Opinion
Case No. 4:11CV00326 SNLJ
03-31-2014
LEONARD J. JOSEPH, Petitioner, v. TERRY RUSSELL, Respondent.
MEMORANDUM AND ORDER
This matter is before me on the petition for writ of habeas corpus filed by Petitioner Leonard J. Joseph. I referred this matter to United States Magistrate Judge Terry I. Adelman, for a report and recommendation on all dispositive matters pursuant to 28 U.S.C. § 636(b). On January 28, 2014, Judge Adelman filed his recommendation that Joseph's habeas petition should be dismissed.
No objections to Judge Adelman's Report and Recommendation were filed. After careful consideration, I will adopt and sustain the thorough reasoning of Judge Adelman and deny Joseph's habeas petition for the reasons stated in the Report and Recommendation dated January 29, 2014. 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 Joseph has not made such a showing in this case, I will not issue a certificate of appealability. Accordingly,
IT IS HEREBY ORDERED that Judge Adelman's Report and Recommendation, #19, filed on January 29, 2014 is adopted and sustained in its entirety.
IT IS FURTHER ORDERED that Petitioner Leonard J. Joseph's Amended Petition for Writ of Habeas Corpus, #12, is DENIED.
IT IS FURTHER ORDERED that Petitioner Leonard J. Joseph's Petition for Writ of Habeas Corpus, #1, is DENIED as moot.
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.
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STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE