Wingo v. Steele
ORDER ADOPTING REPORT AND RECOMMENDATIONS for 22 Report and Recommendations..IT IS HEREBY ORDERED that Judge Bodenhausens Report and Recommendation, #22, filed November 23, 2015 is adopted and sustained in its entirety. IT IS FURTHER ORDERED that Petitioners Amended Petition for Writ of Habeas Corpus, #13, 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 Stephen N. Limbaugh, Jr on 1/13/16. (MRS)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
DWAYNE J. WINGO,
Case No. 4:12CV02072 SNLJ
MEMORANDUM AND ORDER
This matter is before me on the petition for writ of habeas corpus filed by
Petitioner Dwayne J. Wingo. I referred this matter to United States Magistrate Judge John
M. Bodenhausen, for a report and recommendation on all dispositive matters pursuant to
28 U.S.C. § 636(b). On November 23, 2015, Judge Bodenhausen filed his
recommendation that Wingo’s habeas petition should be dismissed.
Objections to Judge Bodenhausen’s Report and Recommendation were filed. After
careful consideration, I will adopt and sustain the thorough reasoning of Judge
Bodenhausen and deny Wingo’s habeas petition for the reasons stated in the Report and
Recommendation dated November 23, 2015.
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 Wingo has not made such a showing in this case, I will not
issue a certificate of appealability.
IT IS HEREBY ORDERED that Judge Bodenhausen’s Report and
Recommendation, #22, filed November 23, 2015 is adopted and sustained in its entirety.
IT IS FURTHER ORDERED that Petitioner’s Amended Petition for Writ of
Habeas Corpus, #13, 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.
Dated this 13th day of January, 2016.
STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE
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