Helt v. Steele

Filing 22

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Judge Cohen's Report and Recommendation, [ECF 21], filed August 2, 2016 is adopted and sustained in its entirety. IT IS FURTHER ORDERED that Petitioner's Petition for Writ of Habeas Corpus, [ ECF 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 9/7/16. (CSG)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
ORLAN RAY HELT,
Petitioner,
vs.
TROY STEELE and CHRIS
KOSTER,
Respondents.

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Case No. 4:13CV01005 SNLJ

MEMORANDUM AND ORDER
This matter is before me on the petition for writ of habeas corpus filed by
Petitioner Orlan Ray Helt. I referred this matter to United States Magistrate Judge
Patricia L. Cohen, for a report and recommendation on all dispositive matters pursuant to
28 U.S.C. § 636(b). On August 2, 2016, Judge Cohen filed her recommendation that
Helt’s habeas petition should be dismissed.
No objections to Judge Cohen’s Report and Recommendation were filed. After
careful consideration, I will adopt and sustain the thorough reasoning of Judge Cohen and
deny Helt’s habeas petition for the reasons stated in the Report and Recommendation
dated August 2, 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 Helt has not made such a showing in this case, I will not issue a
certificate of appealability.
Accordingly,
IT IS HEREBY ORDERED that Judge Cohen’s Report and Recommendation,
[ECF 21], filed August 2, 2016 is adopted and sustained in its entirety.
IT IS FURTHER ORDERED that Petitioner’s Petition for Writ of Habeas
Corpus, [ECF 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 7th day of September, 2016.
_________________________________
STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE

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