Morrow v. Wallace

Filing 13

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Judge Collins' Report and Recommendation filed on July 27, 2015 is adopted and sustained in its entirety. IT IS FURTHER ORDERED that Petitioner Gregory L. Morrow's Petition for Writ of Habea s 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 8/21/15. (LGK)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
GREGORY L. MORROW,
Petitioner,
v.
IAN WALLACE,
Respondent.

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Case No. 4:12 CV 1453 RWS

MEMORANDUM AND ORDER
This matter is before me on the petition for writ of habeas corpus filed by Petitioner
Gregory L. Morrow. I referred this matter to United States Magistrate Judge Noelle C. Collins
for a report and recommendation on all dispositive matters pursuant to 28 U.S.C. § 636(b). On
July 27, 2015, Judge Collins filed her recommendation that Morrow’s habeas petition should be
denied.
Objections to Judge Collins’ Report and Recommendation were due to be filed by August
10, 2015. As of the date of this order, Morrow has not filed any objection to the Report and
Recommendation. After careful consideration, I will adopt and sustain the thorough reasoning of
Judge Collins’ report and I will deny Morrow’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 Collins’ Report and Recommendation filed on
July 27, 2015 is adopted and sustained in its entirety.
IT IS FURTHER ORDERED that Petitioner Gregory L. Morrow’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 21st day of August, 2015.

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