Goodwin v. Roper

Filing 78

MEMORANDUM AND ORDER IT IS HEREBY ORDERED that a Certificate of Appealability will not issue in this matter. Signed by District Judge Henry E. Autrey on 3/12/14. (CLA)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

PAUL T. GOODWIN,
Petitioner,
vs.
DON ROPER,
Respondent.

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Case No. 4:06CV848 HEA

MEMORANDUM AND ORDER
This matter is before the Court on the Eighth Circuit Court’s limited remand
for consideration of whether a certificate of appealability should be issued
pursuant to Tiedeman v. Benson, 122 F.3d 518 (8th Cir. 1997). In order for this
Court to grant a certificate of appealability, the Court must find a substantial
showing of the denial of a federal constitutional right. See Tiedeman, 122 F.3d at
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 Fleiger v. Delo, 16 F.3d 878, 882–83 (8th Cir.1994)). Because Petitioner
has not made such a showing, the Court will not issue a certificate of appealability.
Accordingly,

IT IS HEREBY ORDERED that a Certificate of Appealability will not
issue in this matter.
Dated this 12th day of March, 2014.

_______________________________
HENRY EDWARD AUTREY
UNITED STATES DISTRICT JUDGE

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