Lindsey v. Russell

Full title: TORREY T. LINDSEY, Petitioner, v. TERRY RUSSELL, Respondent.

Court: UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION

Date published: Mar 9, 2015

Case No. 4:12 CV 225 RWS (E.D. Mo. Mar. 9, 2015)

Opinion

Case No. 4:12 CV 225 RWS

03-09-2015

TORREY T. LINDSEY, Petitioner, v. TERRY RUSSELL, Respondent.

RODNEY W. SIPPEL UNITED STATES DISTRICT JUDGE

MEMORANDUM AND ORDER

This matter is before me on the petition for writ of habeas corpus filed by Petitioner Torrey T. Lindsey. 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 February 9, 2015, Judge Crites-Leoni filed her recommendation that Lindsey's habeas petition should be denied.

Objections to Judge Crites-Leoni's Report and Recommendation were due to be filed by February 23, 2015. As of the date of this order, Lindsey has not filed any objection to the Report and Recommendation. After careful consideration, I will adopt and sustain the thorough reasoning of Judge Crites-Leoni's report and I will deny Lindsey's habeas petition for the reasons stated in the Report and Recommendation.

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 Crites-Leoni's Report and Recommendation filed on February 9, 2015 is adopted and sustained in its entirety.

IT IS FURTHER ORDERED that Petitioner Torrey T. Lindsey'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.

/s/_________

RODNEY W. SIPPEL

UNITED STATES DISTRICT JUDGE Dated this 9th day of March, 2015.