Johnson v. Wallace

Filing 18

MEMORANDUM AND ORDER - Court hereby sustains, adopts, and incorporates herein the Magistrate's Report and Recommendation. IT IS HEREBY ORDERED that Petitioner Terrance Johnson's Petition for Writ of Habeas Corpus under 28 U.S.C. § 2254 [ECF No. 1] is DENIED. IT IS FURTHER ORDERED that a Certificate of Appealability is DENIED. Signed by District Judge E. Richard Webber on February 15, 2017. (MCB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

TERRANCE JOHNSON,

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Petitioner,
vs.
TROY STEELE,
Respondent.

Case No. 4:13CV2186ERW (ACL)

MEMORANDUM AND ORDER
This matter is before the Court upon the Report and Recommendation of United States
Magistrate Abbie Crites-Leoni [ECF No. 17], pursuant to 28 U.S.C. § 636(b). The Court notes
no objections were filed to the Report and Recommendation. After consideration of the issues
and review of the record, the Court hereby sustains, adopts, and incorporates herein the
Magistrate’s Report and Recommendation.
In addition, a certificate of appealability may only be issued when “the applicant has
made a substantial showing of the denial of a constitutional right.” See Slack v. McDaniel, 529
U.S. 473, 483 (2000) (quoting 28 U.S.C. § 2253(c)(2)); see also Langley v. Norris, 465 F.3d 861,
863 (8th Cir. 2006). Petitioner has made no such showing. Furthermore, the Court does not
believe reasonable jurists might find the Court’s decision debatable or wrong, for purposes of
issuing a certificate of appealability under 28 U.S.C. § 2253(c)(1)(A). See Slack, 529 U.S. at
483-84. Therefore, the Court shall not issue a certificate of appealability as to any claim raised
in the Petition.
Accordingly,

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IT IS HEREBY ORDERED that Petitioner Terrance Johnson’s Petition for Writ of
Habeas Corpus under 28 U.S.C. § 2254 [ECF No. 1] is DENIED.
IT IS FURTHER ORDERED that a Certificate of Appealability is DENIED.
So Ordered this 15th day of February, 2017.

E. RICHARD WEBBER
SENIOR UNITED STATES DISTRICT JUDGE

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