Mees v. Hurley
Filing
28
MEMORANDUM AND ORDER for 26 Report and Recommendations, 1 Petition for Writ of Habeas Corpus, filed by Matthew J. Mees. IT IS HEREBY ORDERED that Judge David D. Noce's Report and Recommendation, #26, filed on May 23, 2016 is adopted and sustained in its entirety. IT IS FURTHER ORDERED that Petitioner Matthew J. Mees' 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 6/6/16. (CSG)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
MATTHEW J. MEES,
Petitioner,
vs.
JAMES HURLEY,
Respondent.
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Case No. 4:13CV01204 SNLJ
MEMORANDUM AND ORDER
This matter is before me on the petition for writ of habeas corpus filed by Petitioner
Matthew J. Mees. I referred this matter to United States Magistrate Judge David D. Noce, for a
report and recommendation on all dispositive matters pursuant to 28 U.S.C. ' 636(b). On May
23, 2016, Judge Noce filed his recommendation that Mees= habeas petition should be dismissed.
Objections to Judge Noce’s Report and Recommendation were filed. After careful
consideration, I will adopt and sustain the thorough reasoning of Judge Noce and deny Mees=
habeas petition for the reasons stated in the Report and Recommendation dated May 23, 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 Mees has
not made such a showing in this case, I will not issue a certificate of appealability.
Accordingly,
IT IS HEREBY ORDERED that Judge David D. Noce’s Report and Recommendation,
#26, filed on May 23, 2016 is adopted and sustained in its entirety.
IT IS FURTHER ORDERED that Petitioner Matthew J. Mees= 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 6th day of June, 2016.
______________________________________
STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE
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