Rice v. Norman

Filing 42

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Judge Mummert's Report and Recommendation, #41, filed on February 5, 2014 is adopted and sustained in its entirety. IT IS FURTHER ORDERED that Petitioner Cedric D. Rice's Petition for Writ of Habeas Corpus, #1, 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 2/25/2014. (JMC)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
CEDRIC D. RICE,
Petitioner,
vs.
IAN WALLACE, et al.,
Respondents.

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Case No. 4:11CV00319 SNLJ

MEMORANDUM AND ORDER
This matter is before me on the petition for writ of habeas corpus filed by Petitioner
Cedric D. Rice. I referred this matter to United States Magistrate Judge Thomas C. Mummert,
for a report and recommendation on all dispositive matters pursuant to 28 U.S.C. § 636(b). On
February 5, 2014, Judge Mummert filed his recommendation that Rice’s habeas petition should
be dismissed.
No objections to Judge Mummert’s Report and Recommendation were filed. After careful
consideration, I will adopt and sustain the thorough reasoning of Judge Mummert and deny
Rice’s habeas petition for the reasons stated in the Report and Recommendation dated February
5, 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 Rice has not
made such a showing in this case, I will not issue a certificate of appealability.

Accordingly,
IT IS HEREBY ORDERED that Judge Mummert’s Report and Recommendation, #41,
filed on February 5, 2014 is adopted and sustained in its entirety.
IT IS FURTHER ORDERED that Petitioner Cedric D. Rice’s Petition for Writ of
Habeas Corpus, #1, 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 25th day of February, 2014.

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STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE

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