Horton v. Bowersox

Filing 12

OPINION, MEMORANDUM AND ORDER re: 1 9 : ORDERED that Petitioner's petition for writ of habeas corpus is denied. FURTHER ORDERED that a Certificate of Appealability will not issue as Petitioner has not made a substantial showing of the denial of a federal constitutional right. A separate judgment is entered this same date.. Signed by District Judge Henry Edward Autrey on 8/11/14. (CEL)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
OZZIE HORTON,
Petitioner,
v.
MICHAEL BOWERSOX,
Respondent,

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Case No. 4:11CV984 HEA

OPINION, MEMORANDUM AND ORDER
This matter is before the Court on the Order and Report and
Recommendation of Magistrate Judge Thomas C. Mummert, III that Petitioner’s
petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 be denied without
further proceedings. Although Petitioner was given an extension of time within
which to file objections, Petitioner has not done so within the prescribed time
period.
After careful consideration, the Court will adopt and sustain the sound
reasoning of Judge Mummert as set forth in his Order and Report and
Recommendation.
Certificate of Appealablity
The federal statute governing certificates of appealability provides that “[a]
certificate of appealability may issue . . . only if the applicant has made a

substantial showing of the denial of a constitutional right.” 28 U.S.C. §
2253(c)(2). A substantial showing of the denial of a constitutional right requires
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). This Court finds that Petitioner has not made a
substantial showing of the denial of a constitutional right. A Certificate of
Appealability will therefore not be issued.
Accordingly,
Accordingly,
IT IS HEREBY ORDERED that Petitioner’s petition for writ of habeas
corpus is denied.
IT IS FURTHER ORDERED that a Certificate of Appealability will not
issue as Petitioner has not made a substantial showing of the denial of a federal
constitutional right.
A separate judgment is entered this same date.
Dated this 11th day of August, 2014.

_______________________________
HENRY EDWARD AUTREY
UNITED STATES DISTRICT JUDGE
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