Lindsey v. Russell

Filing 16

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Judge Crites-Leoni's Report and Recommendation filed on February 9, 2015 is adopted and sustained in its entirety. IT IS FURTHER ORDERED that Petitioner Torrey T. Lindseys Petition for Writ of Ha beas Corpus is DENIED. IT IS FURTHER ORDERED that the Court will not issue a certificate of appealability. A separate Judgment in accordance with this Memorandum and Order is entered this same date. Signed by District Judge Rodney W. Sippel on 3/9/15. (JWD)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
TORREY T. LINDSEY,
Petitioner,
v.
TERRY RUSSELL,
Respondent.

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Case No. 4:12 CV 225 RWS

MEMORANDUM AND ORDER
This matter is before me on the petition for writ of habeas corpus filed by Petitioner
Torrey T. Lindsey. I referred this matter to United States Magistrate Judge Abbie Crites-Leoni
for a report and recommendation on all dispositive matters pursuant to 28 U.S.C. § 636(b). On
February 9, 2015, Judge Crites-Leoni filed her recommendation that Lindsey’s habeas petition
should be denied.
Objections to Judge Crites-Leoni’s Report and Recommendation were due to be filed by
February 23, 2015. As of the date of this order, Lindsey has not filed any objection to the Report
and Recommendation. After careful consideration, I will adopt and sustain the thorough
reasoning of Judge Crites-Leoni’s report and I will deny Lindsey’s habeas petition for the
reasons stated in the Report and Recommendation.
I have also considered whether to issue a certificate of appealability. 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 Cir. 1994)). Because
petitioner has not made such a showing in this case, I will not issue a certificate of appealability.
Accordingly,
IT IS HEREBY ORDERED that Judge Crites-Leoni’s Report and Recommendation
filed on February 9, 2015 is adopted and sustained in its entirety.
IT IS FURTHER ORDERED that Petitioner Torrey T. Lindsey’s Petition for Writ of
Habeas Corpus is DENIED.
IT IS FURTHER ORDERED that the Court will not issue a certificate of appealability.
A separate Judgment in accordance with this Memorandum and Order is entered this
same date.

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RODNEY W. SIPPEL
UNITED STATES DISTRICT JUDGE
Dated this 9th day of March, 2015.

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