Stanley v. Cassady

Filing 22

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the Report and Recommendation filed on August 3, 2016 21 is adopted and sustained in its entirety. IT IS FURTHER ORDERED that Petitioners 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 Rodney W. Sippel on 8/31/16. (CAR)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
ROLLAN STANLEY,
Petitioner,
vs.
ELLIS MCSWAIN, JR.,
Respondent.

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Case No. 4:13CV1760 RWS

MEMORANDUM AND ORDER
This matter is before the Court on the petition for writ of habeas corpus
pursuant to 28 U.S.C. ' 2254 filed by Rollan Stanley. The Court referred this
matter to United States Magistrate Judge Abbie S. Crites-Leoni for a report and
recommendation on all dispositive matters pursuant to 28 U.S.C. ' 636(b). On
August 3, 2016, Judge Crites-Leoni filed her 19-page Report and Recommendation
that petitioner=s habeas petition should be denied. [21]. No objections to the
Report and Recommendation were filed. After careful consideration, I will adopt
and sustain Judge Crites-Leoni’s thorough Report and Recommendation in its
entirety.
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
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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 petitioner
has not made such a showing, I will not issue a certificate of appealability.
Accordingly,
IT IS HEREBY ORDERED that the Report and Recommendation filed on
August 3, 2016 [21] is adopted and sustained in its entirety.
IT IS FURTHER ORDERED that Petitioner’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.

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RODNEY W. SIPPEL
UNITED STATES DISTRICT JUDGE
Dated this 31st day of August, 2016.
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