Manning v. Michael Bowersox

Filing 23

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that petitioner's motion for a certificate of appealability [#22] is denied. Signed by District Judge Rodney W. Sippel on 3/27/15. (JWD)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
ARTHUR LEE MANNING,
Petitioner,
vs.

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MICHAEL BOWERSOX,
Respondent.

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Case No. 4:11CV2060 RWS
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MEMORANDUM AND ORDER
This matter is before the Court on petitioner’s motion for certificate of
appealability. I denied petitioner a certificate of appealability on March 19, 2015,
when I denied his habeas petition. As petitioner’s motion raises no new
arguments that convince me my prior decision was in error, the motion will be
denied. As I stated before, 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

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Cir. 1994)). Because petitioner has not made such a showing, I will not issue a
certificate of appealability.
Accordingly,
IT IS HEREBY ORDERED that petitioner’s motion for a certificate of
appealability [#22] is denied.

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RODNEY W. SIPPEL
UNITED STATES DISTRICT JUDGE
Dated this 27th day of March, 2015.

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