Stacy Shaw v. Troy Steele

Filing 14

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the Report and Recommendation filed on June 1, 2011 # 13 is adopted and sustained in its entirety. IT IS FURTHER ORDERED that Petitioner Stacy Shaws Petition forWrit of Habeas Corpus # 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. Signed by Honorable Rodney W. Sippel on 6/28/11. (ARL)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
STACY SHAW,
Petitioner,
vs.
TROY STEELE,
Respondent.

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Case No. 4:08CV719 RWS

MEMORANDUM AND ORDER
This matter is before the Court on the petition for writ of habeas corpus
pursuant to 28 U.S.C. § 2254 filed by petitioner Stacy Shaw. The Court referred
this matter to United States Magistrate Judge Lewis M. Blanton for a report and
recommendation on all dispositive matters pursuant to 28 U.S.C. § 636(b). On
June 1, 2011, Judge Blanton filed his recommendation that petitioner’s habeas
petition should be denied. Petitioner did not object to the Report and
Recommendation, and his time for doing so has now expired.
After careful consideration, I will adopt and sustain Judge Blanton’s Report
and Recommendation in its entirety. 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, I will not issue a
certificate of appealability.
Accordingly,
IT IS HEREBY ORDERED that the Report and Recommendation filed on
June 1, 2011 [#13] is adopted and sustained in its entirety.
IT IS FURTHER ORDERED that Petitioner Stacy Shaw’s Petition for
Writ of Habeas Corpus [#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.

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RODNEY W. SIPPEL
UNITED STATES DISTRICT JUDGE
Dated this 28th day of June, 2011.
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