Thebeau v. United States of America

Filing 18

MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that petitioner's motion for certificate of appealability [#17] is denied. Signed by Honorable Rodney W. Sippel on 4/19/11. (LAH)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
JOHN THEBEAU,
Petitioner,
v.
UNITED STATES OF AMERICA,
Respondent.

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Case No. 4:09CV1660 RWS

MEMORANDUM AND ORDER
This matter is before me on petitioner’s motion for certificate of appealability. I denied
petitioner a certificate of appealability when I denied his § 2255 motion on March 9, 2011.
Because I continue to believe that Thebeau has not made a substantial showing of the denial of a
federal constitutional right, this Court will not issue a certificate of appealability. See Cox v.
Norris, 133 F.3d 565, 569 (8th Cir. 1997) (citing Flieger v. Delo, 16 F.3d 878, 882-83 (8th Cir.
1994) (substantial showing must be debatable among reasonable jurists, reasonably subject to a
different outcome on appeal or otherwise deserving of further proceedings).
Accordingly,
IT IS HEREBY ORDERED that petitioner’s motion for certificate of appealability
[#17] is denied.

RODNEY W. SIPPEL
UNITED STATES DISTRICT JUDGE

Dated this 19th day of April, 2011.