Spencer v. Prudden

Filing 43

MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Petitioner's motion to alter or amend the judgment in this case is DENIED. (Doc. No. 42 .). Signed by District Judge Audrey G. Fleissig on 7/8/2014. (NEB)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
FREDERICK SPENCER,

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Petitioner,
v.
JAMES HURLEY,
Respondent.

Case No. 4:11CV01306 AGF

MEMORANDUM AND ORDER
This matter is before the Court on Petitioner’s motion to alter or amend the judgment
entered in this case on June 6, 2014, denying Petitioner’s application for federal habeas relief.
While Petitioner raises cogent arguments, the Court continues reluctantly to believe that
habeas relief must be denied because the state court’s decision was not contrary to, nor did it
involve “an unreasonable application of, clearly established Federal law, as determined by the
Supreme Court of the United States” as of the time of the state court decision, as required by
28 U.S.C. § 2254(d)(1) for federal habeas relief.
Accordingly,
IT IS HEREBY ORDERED that Petitioner’s motion to alter or amend the judgment
in this case is DENIED. (Doc. No. 42.)
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AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE
Dated this 8th day of July, 2014.