Opinion
Case No. 4:13CV01289 SNLJ
03-28-2017
BRANDON JOHNSON, Petitioner, v. MICHAEL BOWERSOX, et al., Respondents.
MEMORANDUM AND ORDER
This matter is before me on the petition for writ of habeas corpus filed by Petitioner Brandon Johnson. I referred this matter to United States Magistrate Judge Patricia L. Cohen, for a report and recommendation on all dispositive matters pursuant to 28 U.S.C. § 636(b). On December 14, 2016, Judge Cohen filed her recommendation that Johnson's habeas petition should be dismissed.
Objections to Judge Cohen's Report and Recommendation were filed. After careful consideration, I will adopt and sustain the thorough reasoning of Judge Cohen and deny Johnson's habeas petition for the reasons stated in the Report and Recommendation dated December 14, 2016.
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 Patricia L. Cohen's Report and Recommendation, [ECF 45], filed on December 14, 2016 is adopted and sustained in its entirety.
IT IS FURTHER ORDERED that Petitioner Brandon Johnson's Petition for Writ of Habeas Corpus, [ECF 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 28th day of March, 2017.
/s/_________
STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE