O'Donnell v. Prudden

Filing 28

MEMORANDUM AND ORDER... ADOPTING REPORT AND RECOMMENDATIONS IT IS HEREBY ORDERED that Judge Noces Report and Recommendation, [ECF 21], filed August 30, 2016 is adopted and sustained in its entirety. IT IS FURTHER ORDERED that Petitioners 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 Signed by District Judge Stephen N. Limbaugh, Jr on 9/30/16. (MRS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
RICHARD E. O’DONNELL,
Petitioner,
vs.
DOUGLAS PRUDDEN,
Respondent.

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Case No. 4:13CV01781 SNLJ

MEMORANDUM AND ORDER
This matter is before me on the petition for writ of habeas corpus filed by
Petitioner Richard E. O’Donnell. 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 August 30, 2016, Judge Noce filed his recommendation that
O’Donnell’s habeas petition should be dismissed.
No 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 O’Donnell’s habeas petition for the reasons stated in the Report and
Recommendation dated August 30, 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 O’Donnell has not made such a showing in this case, I will not
issue a certificate of appealability.
Accordingly,
IT IS HEREBY ORDERED that Judge Noce’s Report and Recommendation,
[ECF 21], filed August 30, 2016 is adopted and sustained in its entirety.
IT IS FURTHER ORDERED that Petitioner’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 30th day of September, 2016.
_________________________________
STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE

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