Shelton v. Nester

Filing 35

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)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION STANTON Q. SHELTON, Petitioner, vs. GERARD NESTER, Respondent. ) ) ) ) ) ) ) ) ) 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 dismissed. 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. Accordingly, 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 same date. Dated this 19th day of May, 2016. ______________________________________ STEPHEN N. LIMBAUGH, JR. UNITED STATES DISTRICT JUDGE 2

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