Opinion
Case No. 4:03CV692 RWS.
September 12, 2006
MEMORANDUM AND ORDER
This matter is before me on the petition for writ of habeas corpus filed by Petitioner Nathan Erves. I referred this matter to United States Magistrate Judge Lewis M. Blanton for a report and recommendation on all dispositive matters pursuant to 28 U.S.C. § 636(b). On August 24, 2006, Judge Blanton filed his recommendation that Erves's habeas petition should be denied.
Objections to Judge Blanton's Report and Recommendation were due to be filed by September 4, 2006. As of the date of this order, Erves has not filed any objection to the Report and Recommendation. After careful consideration, I will adopt and sustain the thorough reasoning of Magistrate Judge Blanton and will deny Erves's habeas petition for the reasons stated in the Report and Recommendation dated August 24, 2006.
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 petitioner has not made such a showing in this case, I will not issue a certificate of appealability. Accordingly,
IT IS HEREBY ORDERED that Judge Blanton's Report and Recommendation filed on August 24, 2006 is adopted and sustained in its entirety.
IT IS FURTHER ORDERED that Petitioner Anthony Nathan Erves's Petition for Writ of Habeas Corpus 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.