Randolph v. Denney

Filing 91

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Judge Collins' Report and Recommendation, #83, filed January 4, 2018 is adopted and sustained in its entirety. IT IS FURTHER ORDERED that Petitioner's Second Amended Petition for Writ of Habe as Corpus, #56, 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 3/22/2018. (JMC)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
MATTHEW B. RANDOLPH,
Petitioner,
vs.
LARRY DENNEY,
Respondent.

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Case No. 4:13CV01098 SNLJ

MEMORANDUM AND ORDER
This matter is before me on a petition for writ of habeas corpus filed by Petitioner
Matthew B. Randolph. I referred this matter to United States Magistrate Judge Noel C.
Collins for a report and recommendation on all dispositive matters pursuant to 28 U.S.C.
§ 636(b). On January 4, 2018, Judge Collins filed her recommendation that Randolph’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 Randolph’s habeas petition for the reasons stated in the Report and
Recommendation dated January 4, 2018.
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 Randolph has not made such a showing in this case, I will not
issue a certificate of appealability.
Accordingly,
IT IS HEREBY ORDERED that Judge Collins’ Report and Recommendation,
#83, filed January 4, 2018 is adopted and sustained in its entirety.
IT IS FURTHER ORDERED that Petitioner’s Second Amended Petition for
Writ of Habeas Corpus, #56, 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 22nd day of March, 2018.

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STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE

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