Umphfrey v. Gaetz

Filing 10

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Judge Blanton's Report and Recommendation filed on January 16, 2013 is adopted and sustained in its entirety. IT IS FURTHER ORDERED that Petitioner Thomas L. Umphfrey's Petition for Writ of Habeas Corpus 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 District Judge Rodney W. Sippel on 3/5/13. (ARL)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
THOMAS L. UMPHFREY,
Petitioner,
v.
MARCUS HARDY and
CHRIS KOSTER,
Respondents.

)
)
)
)
)
)
)
)
)
)

Case No. 4:09 CV 1666 RWS

MEMORANDUM AND ORDER
This matter is before me on the petition for writ of habeas corpus filed by Petitioner
Thomas L. Umphfrey. I 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
January 16, 2013, Judge Blanton filed his recommendation that Umphfrey’s habeas petition
should be denied.
Objections to Judge Blanton’s Report and Recommendation were due to be filed by
January 30, 2013. As of the date of this order, Umphfrey has not filed any objection to the
Report and Recommendation. After careful consideration, I will adopt and sustain the thorough
reasoning of Judge Blanton’s report and I will deny Umphfrey’s habeas petition for the reasons
stated in the Report and Recommendation dated January 16, 2013.
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 in this case, I will not issue a certificate of appealability.
Accordingly,
IT IS HEREBY ORDERED that Judge Blanton’s Report and Recommendation filed on
January 16, 2013 is adopted and sustained in its entirety.
IT IS FURTHER ORDERED that Petitioner Thomas L. Umphfrey’s Petition for Writ
of Habeas Corpus 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.

__________________________________
RODNEY W. SIPPEL
UNITED STATES DISTRICT JUDGE
Dated this 5th day of March, 2013.

-2-