Opinion
Case No. 4:12CV01189 SNLJ
06-15-2015
RAYMOND L. HINTON, Petitioner, v. JEFF NORMAN, Respondent.
MEMORANDUM AND ORDER
This matter is before me on the petition for writ of habeas corpus filed by Petitioner Raymond L. Hinton. I referred this matter to United States Magistrate Judge Abbie Crites-Leoni, for a report and recommendation on all dispositive matters pursuant to 28 U.S.C. § 636(b). On May 26, 2015, Judge Crites-Leoni filed her recommendation that Hinton's habeas petition should be dismissed.
No objections to Judge Crites-Leoni's Report and Recommendation were filed. After careful consideration, I will adopt and sustain the thorough reasoning of Judge Crites-Leoni and deny Hinton's habeas petition for the reasons stated in the Report and Recommendation dated May 26, 2015.
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 Hinton has not made such a showing in this case, I will not issue a certificate of appealability.
Accordingly,
IT IS HEREBY ORDERED that Judge Crites-Leoni's Report and Recommendation, #18, filed May 26, 2015 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 15th day of June, 2015.
/s/_________
STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE