Taylor v. Carich

Filing 30

MEMORANDUM AND ORDER. (See Full Order.) After consideration of the issues and review of the record, the Court hereby sustains, adopts, and incorporates herein the Magistrate's Report and Recommendation. IT IS HEREBY ORDERED that Petitioner Stanley Taylor's Amended Petition for Writ of Habeas Corpus [ECF No. 6 ] is DENIED. IT IS FURTHER ORDERED that a Certificate of Appealability is DENIED. Signed by District Judge E. Richard Webber on 9/28/2016. (CBL)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

STANLEY TAYLOR,
Petitioner,
vs.
MARK KARICH,
Respondent.

)
)
)
)
)
)
)
)
)

Case No. 4:13CV0961 ERW

MEMORANDUM AND ORDER
This matter is before the Court upon the Report and Recommendation of United States
Patricia L. Cohen [ECF No. 29], pursuant to 28 U.S.C. § 636(b). The Court notes that no
objections were filed to the Report and Recommendation. After consideration of the issues and
review of the record, the Court hereby sustains, adopts, and incorporates herein the Magistrate’s
Report and Recommendation.
In addition, a certificate of appealability may only be issued when “the applicant has made
a substantial showing of the denial of a constitutional right.” See Slack v. McDaniel, 529 U.S.
473, 483 (2000) (quoting 28 U.S.C. § 2253(c)(2)); see also Langley v. Norris, 465 F.3d 861, 863
(8th Cir. 2006). Petitioner has made no such showing. Petitioner has not presented arguments
which would inspire debates among reasonable jurists, and therefore no certificate of appealability
will be issued. Therefore, the Court shall not issue a certificate of appealability as to any claim
raised in the Petition.

1

Accordingly,
IT IS HEREBY ORDERED that Petitioner Stanley Taylor’s Amended Petition for Writ
of Habeas Corpus [ECF No. 6] is DENIED.
IT IS FURTHER ORDERED that a Certificate of Appealability is DENIED.
So Ordered this 28th day of September, 2016.

E. RICHARD WEBBER
SENIOR UNITED STATES DISTRICT JUDGE

2