Joseph v. Russell

Filing 22

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 19 Report and Recommendations, IT IS HEREBY ORDERED that Judge Adelmans Report and Recommendation, #19, filed on January 29, 2014 is adopted and sustained in its entirety. IT IS FURTHER ORDERED that P etitioner Leonard J. Josephs Amended Petition for Writ of Habeas Corpus, #12, is DENIED. IT IS FURTHER ORDERED that Petitioner Leonard J. Josephs Petition for Writ of Habeas Corpus, #1, is DENIED as moot. 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 3/31/14. (MRS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
LEONARD J. JOSEPH,
Petitioner,
vs.
TERRY RUSSELL,
Respondent.

)
)
)
)
)
)
)
)
)

Case No. 4:11CV00326 SNLJ

MEMORANDUM AND ORDER
This matter is before me on the petition for writ of habeas corpus filed by Petitioner
Leonard J. Joseph. 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
January 28, 2014, Judge Adelman filed his recommendation that Joseph’s habeas petition should
be dismissed.
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
Joseph’s habeas petition for the reasons stated in the Report and Recommendation dated January
29, 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 Joseph 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, #19,
filed on January 29, 2014 is adopted and sustained in its entirety.
IT IS FURTHER ORDERED that Petitioner Leonard J. Joseph’s Amended Petition for
Writ of Habeas Corpus, #12, is DENIED.
IT IS FURTHER ORDERED that Petitioner Leonard J. Joseph’s Petition for Writ of
Habeas Corpus, #1, is DENIED as moot.
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 31st day of March, 2014.

______________________________________
STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE

-2-