Opinion
Case No. 4:02CV1656 RWS.
March 30, 2006
MEMORANDUM OPINION
Petitioner Andre Ezell seeks a writ of habeas corpus. In his Petition he alleges three grounds for relief. 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 February 28, 2006, Judge Blanton filed his recommendation that Ezell's habeas petition should be denied.
Ezell timely filed objections to the Report and Recommendation and objects to the recommendation that habeas relief be denied. I have conducted a de novo review of all matters relevant to the petition. I find that Judge Blanton correctly analyzed Ezell's grounds for relief and correctly applied the law in reaching his recommendation. After careful consideration, I will adopt and sustain the thorough reasoning of Judge Blanton and will deny Ezell's habeas petition.
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).
I believe that Ezell has not made such a showing on the grounds raised in his petition. Therefore, I will not issue a certificate of appealability.
Accordingly,
IT IS HEREBY ORDERED that Petitioner Andre Ezell's Petition for Writ of Habeas Corpus is DENIED. IT IS FURTHER ORDERED that the Court will not issue a certificate of appealability.
IT IS FURTHER ORDERED that any pending motions are DENIED as moot.
A separate judgment in accordance with this Memorandum and Order is entered this same date.