Foster v. Sachse

Filing 34

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 33 Report and Recommendations IT IS HEREBY ORDERED that the Report and Recommendation of United States Magistrate Judge Noce is sustained, adopted, and incorporated herein. (Doc. No. 33.) IT IS FURTHER ORDERED that the petition of Dennis Foster for habeas corpus relief is DENIED. IT IS FURTHER ORDERED that the Court will not issue a certificate of appealability. A separate Judgment shall accompany this Memorandum and Order. Signed by District Judge Audrey G. Fleissig on 12/19/2012. (NCL)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
DENNIS FOSTER,
Petitioner,
v.
JENNIFER SACHSE,
Respondent.

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Case No. 4:10CV00882 AGF/DDN

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 Dennis Foster. The Court referred this matter to
United States Magistrate Judge David D. Noce for a Report and Recommendation on all
dispositive matters pursuant to 28 U.S.C. §636(b). On November 29, 2012, Magistrate
Judge Noce 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 review of the records and consideration of the issues, the Court hereby
sustains, adopts, and incorporates herein the Magistrate’s Report and Recommendation.
The Court does not believe that reasonable jurists might find the Court’s resolution
of the issues in this case debatable or wrong, for purposes of issuing a certificate of
appealability under 28 U.S.C. § 2253(c)(2). See Miller-El v. Cockrell, 537 U.S. 322, 337
(2003) (standard for issuing a Certificate of Appealability) (citing Slack v. McDaniel, 529

U.S. 473, 484 (2000)); Langley v. Norris, 465 F.3d 861, 862-63 (8th Cir. 2006) (same).
Accordingly,
IT IS HEREBY ORDERED that the Report and Recommendation of United
States Magistrate Judge Noce is sustained, adopted, and incorporated herein. (Doc. No.
33.)
IT IS FURTHER ORDERED that the petition of Dennis Foster for habeas
corpus relief is DENIED.
IT IS FURTHER ORDERED that the Court will not issue a certificate of
appealability.
A separate Judgment shall accompany this Memorandum and Order.

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AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE
Dated this 19th day of December, 2012