Cole v. Roper

Filing 75

ORDER. IT IS HEREBY ORDERED that petitioner's supplemental motion toexpand the certificate of appealability [#74] is granted, and this Court grants a Certificate of Appealability on Claim 20. Signed by Honorable Catherine D. Perry on 7/6/09. (RJD)

UNITED STATES DISTRICT COURT E A S T E R N DISTRICT OF MISSOURI E A S T E R N DIVISION A N D R E COLE, Petitioner, vs. D O N ROPER, Respondent. ) ) ) ) ) ) ) ) )

C ase No. 4:05CV131 CDP

O R D E R GRANTING CERTIFICATE OF APPEALABILITY A fter considering petitioner's motion seeking a certificate of appealability on C laim 20, which seeks relief based on the cumulative effect of the other grounds, I ag ree that although the Eighth Circuit Court of Appeals has rejected this type of arg u m en t, reasonable jurists could, and have, found this issue debatable. I will th erefo re grant a Certificate of Appealability on this issue. Accordingly, IT IS HEREBY ORDERED that petitioner's supplemental motion to ex p an d the certificate of appealability [#74] is granted, and this Court grants a C ertificate of Appealability on Claim 20.

_______________________________ C A T H E R IN E D. PERRY U N IT E D STATES DISTRICT JUDGE D ated this 6th day of July, 2009.