Blair v. United States of America
OPINION, MEMORANDUM AND ORDER-- HEREBY ORDERED that the Amended Petition of Glen Blair for a Writ of Habeas Corpus, [Doc. No. 8 ], is dismissed without further proceedings. FURTHER ORDERED that the Court will not issue a Certificate of Appealability.Signed by District Judge Henry E. Autrey on 09/06/2012. (CLK)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
Case No. 4:09CV799 HEA
OPINION, MEMORANDUM AND ORDER
This matter is before the Court on Magistrate Judge Adelman’s Report and
Recommendation of July13, 2012. Judge Adelman recommends that Petitioner’s
Amended Petition for Writ of Habeas Corpus, [Doc. No. 8], be dismissed. On July
24, 2012, Petitioner filed a motion for an extension of time within which to file
objections. The Court granted the motion, and allowed Petitioner 30 days within
which to file objections. Petitioner’s objections were due August 25, 2012. As of
this date, Petitioner has not filed written objections to the Report and
Judge Adelman’s Report and Recommendation contains a detailed analysis
of Petitioner’s petition. Judge Adelman sets out the procedural history of
Petitioner’s state proceedings, and recognizes the failure of Petitioner to raise his
claim of the denial of due process by the admission of a videotape statement of the
victim in this matter. Judge Adelman also thoroughly discusses Petitioner’s claim
that his counsel was ineffective by his failure to present evidence refuting the
State’s assertion that the victim was a “good girl.”
This Court agrees with Judge Adelman’s conclusions that Petitioner’s
Ground I is procedurally defaulted and that Ground II is without merit. The Court
will adopt Judge Adelman’s recommendation that this matter be dismissed without
Certificate of Appeal ability
The federal statute governing certificates of appealability provides that “[a]
certificate of appealability may issue . . . only if the applicant has made a
substantial showing of the denial of a constitutional right.” 28 U.S.C. §
2253(c)(2). A substantial showing of the denial of a constitutional right requires
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). Based on the record, a Certificate of Appealability
is not warranted in this matter.
IT IS HEREBY ORDERED that the Amended Petition of Glen Blair for a
Writ of Habeas Corpus, [Doc. No. 8], is dismissed without further proceedings.
IT IS FURTHER ORDERED that the Court will not issue a Certificate of
Dated this 6th day of September, 2012.
HENRY EDWARD AUTREY
UNITED STATES DISTRICT JUDGE
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