Johnson v. Bowersox, et al.,

Filing 51

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Judge Patricia L. Cohen's Report and Recommendation, [ECF 45], filed on December 14, 2016 is adopted and sustained in its entirety. IT IS FURTHER ORDERED that Petitioner Brandon Johnson's Pet ition 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 3/28/2017. (JMC)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
BRANDON JOHNSON,
Petitioner,
vs.
MICHAEL BOWERSOX, et al.,
Respondents.

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Case No. 4:13CV01289 SNLJ

MEMORANDUM AND ORDER
This matter is before me on the petition for writ of habeas corpus filed by Petitioner
Brandon Johnson. 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
December 14, 2016, Judge Cohen filed her recommendation that Johnson=s habeas petition
should be dismissed.
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
Johnson=s habeas petition for the reasons stated in the Report and Recommendation dated
December 14, 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 Johnson has

not made such a showing in this case, I will not issue a certificate of appealability.
Accordingly,
IT IS HEREBY ORDERED that Judge Patricia L. Cohen’s Report and
Recommendation, [ECF 45], filed on December 14, 2016 is adopted and sustained in its entirety.
IT IS FURTHER ORDERED that Petitioner Brandon Johnson=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 28th day of March, 2017.

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STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE

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