Goodwin v. Roper
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
PAUL T. GOODWIN,
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.
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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?