Shelton v. Nester
ORDER ADOPTING REPORT AND RECOMMENDATIONS..IT IS HEREBY ORDERED that Judge Nannette A. Baker's Report and Recommendation, #34, filed on March 31, 2016 is adopted and sustained in its entirety. IT IS FURTHER ORDERED that Petitioner Stanton Q. She lton'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. Signed by District Judge Stephen N. Limbaugh, Jr on 5/19/16. (MRS)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
STANTON Q. SHELTON,
Case No. 4:13CV01050 SNLJ
MEMORANDUM AND ORDER
This matter is before me on the petition for writ of habeas corpus filed by Petitioner
Stanton Q. Shelton. I referred this matter to United States Magistrate Judge Nannette A. Baker,
for a report and recommendation on all dispositive matters pursuant to 28 U.S.C. ' 636(b). On
March 31, 2016, Judge Baker filed her recommendation that Shelton=s habeas petition should be
No objections to Judge Baker’s Report and Recommendation were filed. After careful
consideration, I will adopt and sustain the thorough reasoning of Judge Baker and deny Shelton=s
habeas petition for the reasons stated in the Report and Recommendation dated March 31, 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 Shelton has
not made such a showing in this case, I will not issue a certificate of appealability.
IT IS HEREBY ORDERED that Judge Nannette A. Baker’s Report and
Recommendation, #34, filed on March 31, 2016 is adopted and sustained in its entirety.
IT IS FURTHER ORDERED that Petitioner Stanton Q. Shelton=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
Dated this 19th day of May, 2016.
STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE
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