Dixon v. State of Missouri
ORDER ADOPTING REPORT AND RECOMMENDATIONS..IT IS HEREBY ORDERED that Judge Collins Report and Recommendation, #15, filed June 15, 2016 is adopted and sustained in its entirety. IT IS FURTHER ORDERED that Petitioners Amended Petition for Writ of Habea s 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.. Signed by District Judge Stephen N. Limbaugh, Jr on 8/18/16. (MRS)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
KEVIN C. DIXON,
Case No. 4:13CV00691 SNLJ
MEMORANDUM AND ORDER
This matter is before me on the petition for writ of habeas corpus filed by
Petitioner Kevin C. Dixon. I referred this matter to United States Magistrate Judge Nicole
C. Collins, for a report and recommendation on all dispositive matters pursuant to 28
U.S.C. § 636(b). On June 15, 2016, Judge Collins filed her recommendation that Dixon’s
habeas petition should be dismissed.
Objections to Judge Collins’ Report and Recommendation were filed. After
careful consideration, I will adopt and sustain the thorough reasoning of Judge Collins
and deny Dixon’s habeas petition for the reasons stated in the Report and
Recommendation dated June 15, 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 Dixon has not made such a showing in this case, I will not issue
a certificate of appealability.
IT IS HEREBY ORDERED that Judge Collins’ Report and Recommendation,
#15, filed June 15, 2016 is adopted and sustained in its entirety.
IT IS FURTHER ORDERED that Petitioner’s Amended 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 18th day of August, 2016.
STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE
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