Miller v. Denney

Filing 19

MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Petitioner Larry Miller's Petition for Writ of Habeas Corpus 1 is DENIED. IT IS FURTHER ORDERED that a Certificate of Appealability is DENIED. Signed by District Judge E. Richard Webber on March 5, 2013. (MCB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

LARRY MILLER,

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Petitioner,
vs.
LARRY DENNY,
Respondent.

Case No. 4:10CV314 ERW

MEMORANDUM AND ORDER

This matter is before the Court upon the Report and Recommendation of United States
Magistrate Nannette A. Baker [ECF No. 18], pursuant to 28 U.S.C. § 636(b). The Court notes
that no objections were filed to the Report and Recommendation. After consideration of the issues,
the Court hereby sustains, adopts, and incorporates herein the Magistrate’s Report and
Recommendation.
In addition, a certificate of appealability may only be issued when “the applicant has made
a substantial showing of the denial of a constitutional right.” See Slack v. McDaniel, 529 U.S. 473,
483-84 (2000); see also Langley v. Norris, 465 F.3d 861, 863 (8th Cir. 2006). Petitioner has made
no such showing. Furthermore, the Court does not believe that reasonable jurists might find the
Court’s decision debatable or wrong, for purposes of issuing a certificate of appealability under 28
U.S.C. § 2253(c)(1)(A). Slack, 529 U.S. at 483-84. Therefore, the Court shall not issue a
certificate of appealability as to any claim raised in the Petition.

Accordingly,
IT IS HEREBY ORDERED that Petitioner Larry Miller’s Petition for Writ of Habeas
Corpus [ECF No. 1] is DENIED.

IT IS FURTHER ORDERED that a Certificate of Appealability is DENIED.
Dated this

5th

day of March, 2013.

E. RICHARD WEBBER
SENIOR UNITED STATES DISTRICT JUDGE