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)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION ARTHUR LEE MANNING, Petitioner, vs. ) MICHAEL BOWERSOX, Respondent. ) ) ) ) Case No. 4:11CV2060 RWS ) ) ) ) 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 - 1 - 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. __________________________________ RODNEY W. SIPPEL UNITED STATES DISTRICT JUDGE Dated this 27th day of March, 2015. - 2 -

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