Stevenson v. Norman

Filing 20

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Judge Adelman's Report and Recommendation filed on May 31, 2013 is adopted and sustained in its entirety.IT IS FURTHER ORDERED that Petitioner Gregory E. Stevenson's Petition for Writof 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 Stephen N. Limbaugh, Jr on 6/24/2013. (JMC)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
GREGORY E. STEVENSON,
Petitioner,
vs.
IAN WALLACE,
Respondent.

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Case No. 4:10CV01607 SNLJ

MEMORANDUM AND ORDER
This matter is before me on the petition for writ of habeas corpus filed by Petitioner
Gregory E. Stevenson. I referred this matter to United States Magistrate Judge Terry I. Adelman,
for a report and recommendation on all dispositive matters pursuant to 28 U.S.C. § 636(b). On
May 31, 2013, Judge Adelman filed his recommendation that Stevenson’s habeas petition should
be denied.
No objections to Judge Adelman’s Report and Recommendation were filed. After careful
consideration, I will adopt and sustain the thorough reasoning of Judge Adelman and deny
Stevenson’s habeas petition for the reasons stated in the Report and Recommendation dated May
31, 2103.
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 Stevenson

has not made such a showing in this case, I will not issue a certificate of appealability.
Accordingly,
IT IS HEREBY ORDERED that Judge Adelman’s Report and Recommendation filed
on May 31, 2013 is adopted and sustained in its entirety.
IT IS FURTHER ORDERED that Petitioner Gregory E. Stevenson’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.
Dated this 24th day of June, 2013.

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STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE

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