Roberson v. Bowersox

Filing 17

ORDER ADOPTING REPORT AND RECOMMENDATIONS: [IT IS HEREBY ORDERED that the Report and Recommendation of the United States Magistrate Judge 13 is SUSTAINED, ADOPTED AND INCORPORATED herein. IT IS FURTHER ORDERED that Petitioner Andrew Roberson's § 2254 Habeas Corpus Petition [l] is DENIED. IT IS FURTHER ORDERED that because Petitioner cannot make a substantial showing of the denial of a constitutional right the Court will not issue a certificate of appealability. See Cox v. Norris, 133 F.3d 565, 569 (81 h Cir. 1997), cert. denied, 525 U.S. 834 (1998). Signed by District Judge John A. Ross on 9/3/14. (JWD)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

ANDREW ROBERSON,
Petitioner,
v.
MICHAEL BOWERSOX,
Respondent.

)
)
)
)
)
)
)
)
)

No. 4:1 l-CV-1490 JAR

ORDER
This matter is before the Court on Petitioner's § 2254 Habeas Corpus Petition. Pursuant
to 28 U.S.C. § 636(b), the matter was referred to United States Magistrate Judge Thomas C.
Mummert, who filed a Report and Recommendation on July 31, 2014. (Doc. No. 13) Magistrate
Judge Mummert recommends that the Court deny Petitioner's § 2254 Petition. The parties were
advised they had fourteen days to file written objections to the Report and Recommendation.
Petitioner requested and was granted a fifteen day extension of time to file his response to the
Report and Recommendation. (Doc. No. 15) On August 20, 2014, Petitioner filed his objections
reasserting the same grounds for relief presented in his habeas petition. (Doc. No. 16) After de
novo review of the entire record in this matter, the Court adopts Magistrate Judge Mumm rt's
report and recommendation.
Accordingly,
IT IS HEREBY ORDERED that the Report and Recommendation of the United States
Magistrate Judge [13] is SUSTAINED, ADOPTED AND INCORPORATED herein.
IT IS FURTHER ORDERED that Petitioner Andrew Roberson's § 2254 Habeas
Corpus Petition [l] is DENIED.

IT IS FURTHER ORDERED that because Petitioner cannot make a substantial

showing of the denial of a constitutional right the Court will not issue a certificate of
appealability. See Cox v. Norris, 133 F.3d 565, 569 (8 1h Cir. 1997), cert. denied, 525 U.S. 834
(1998).

H l\. ROSS
ED STATES DISTRICT JUDGE

Dated

this~~ofSepternber, 2014.

- 2-