Cotton v. Russell

Filing 24

MEMORANDUM AND ORDER re: 22 MOTION for Certificate of Appealability MOTION for Reconsideration re 20 Memorandum Opinion, 21 Judgment - (Case), filed by Petitioner Marvin Cotton, Sr. motion is DENIED. Signed by District Judge Rodney W. Sippel on 10/14/14. (LGK)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION MARVIN COTTON, SR., ) ) ) ) ) ) ) ) ) Petitioner, v. TERRY RUSSELL, Respondent. Case No. 4:11 CV 1455 RWS MEMORANDUM AND ORDER This matter is before me on petitioner Marvin Cotton’s motion for reconsideration or, in the alternative, for a certificate of appealability [#22]. On September 29, 2014, I overruled Cotton’s objections to the Report and Recommendation and denied Cotton’s petition for a writ of habeas corpus under 28 U.S.C. § 2254. Cotton’s present motion presents no new factual or legal arguments that convince me my prior decision was in error, so it will be denied. To the extent Cotton seeks a certificate of appealability, that request is denied as moot as I have already denied him a certificate of appealability in the Memorandum and Order and Judgment dated September 29, 2014. Accordingly, IT IS HEREBY ORDERED that petitioner’s motion for certificate of appealability and reconsideration [#22] is denied. _________________________________ RODNEY W. SIPPEL UNITED STATES DISTRICT JUDGE Dated this 14th day of October, 2014.

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