Smith v. Steele

Filing 15

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 14 Report and Recommendations,,DENYING 1 Petition for Writ of Habeas Corpus filed by Steven E. Smith. 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 2/23/16. (MRS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
STEVEN E. SMITH,
Petitioner,
vs.
TROY STEELE,
Respondent.

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Case No. 4:12CV02392 SNLJ

MEMORANDUM AND ORDER
This matter is before me on the petition for writ of habeas corpus filed by Petitioner
Steven E. Smith. 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
January 8, 2016, Judge Crites-Leoni filed her recommendation that Smith=s habeas petition
should be dismissed.
No objections to Judge Crites-Leoni’s Report and Recommendation were filed. After
careful consideration, I will adopt and sustain the thorough reasoning of Judge Crites-Leoni and
deny Smith=s habeas petition for the reasons stated in the Report and Recommendation dated
January 8, 2016.
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 Smith has

not made such a showing in this case, I will not issue a certificate of appealability.
Accordingly,
IT IS HEREBY ORDERED that Judge Abbie Crites-Leoni’s Report and
Recommendation, #14, filed on January 8, 2016 is adopted and sustained in its entirety.
IT IS FURTHER ORDERED that Petitioner Steven Smith=s Petition for Writ of
Habeas Corpus, #1, 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 23rd day of February, 2016.

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STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE

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