Markle v. Norman

Filing 20

MEMORANDUM AND ORDER IT IS HEREBY ORDERED that the Report and Recommendation filed on February 13, 2014 is adopted and sustained in its entirety. IT IS FURTHER ORDERED that Petitioner John Markle'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 3/7/14. (KXS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
JOHN MARKLE,
Petitioner,
v.
DEAN MINOR,
Respondent.

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Case No. 4:10 CV 1992 RWS

MEMORANDUM AND ORDER
This matter is before me on the petition for writ of habeas corpus filed by Petitioner John
Markle. I referred this matter to United States Magistrate Judge Thomas C. Mummert, III for a
report and recommendation on all dispositive matters pursuant to 28 U.S.C. § 636(b). On
February 13, 2014, Judge Mummert filed his recommendation that Markle’s habeas petition
should be denied.
Objections to the Report and Recommendation were due to be filed by February 27, 2014.
As of the date of this order, Markle has not filed any objection to the Report and
Recommendation. After careful consideration, I will adopt and sustain the thorough reasoning of
Magistrate Judge Mummert and will deny Markle’s habeas petition for the reasons stated in the
Report and Recommendation dated February 13, 2014.
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 the Report and Recommendation filed on February 13,
2014 is adopted and sustained in its entirety.
IT IS FURTHER ORDERED that Petitioner John Markle’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 7th day of March, 2014.

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