Turner v. Cassady

Filing 60

MEMORANDUM AND ORDER. (See Full Order.) IT IS HEREBY ORDERED that Petitioner Billy Ray Turner, Jr.'s "Motion for Corrective Order as to Certificate of Appealability" [ECF No. 43 ], is DENIED as moot. Signed by District Judge E. Richard Webber on 8/3/2015. (CBL)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
BILLY RAY TURNER, JR.,
Petitioner,
v.
JAY CASSADY,
Respondent.

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No. 4:13CV02470 ERW

MEMORANDUM AND ORDER
This matter comes before the Court on Petitioner Billy Ray Turner, Jr.’s “Motion for
Corrective Order as to Certificate of Appealability” [ECF No. 43].
The disposition of Petitioner’s Amended Petition for Writ of Habeas Corpus is pending in
this Court. On July 29, 2014, the Court issued an Order denying several ancillary motions made
by Petitioner [ECF No. 34]. On August 11, 2014, Petitioner filed a Notice of Appeal as to the
Court’s Order [ECF No. 38], as well as a motion seeking a certificate of appealability regarding
the Court’s Order [ECF No. 40]. This Court found Petitioner had not made a substantial
showing of the denial of a constitutional right, thus refusing to issue a certificate of appealability
[ECF No. 41 at 1-2]. Subsequently, Petitioner filed his “Motion for Corrective Order as to
Certificate of Appealability” [ECF No. 43]. In the Motion, Petitioner appears to be claiming the
Court failed to sufficiently address his request for a certificate of appealability.
Regardless of how the present Motion is construed, it must be denied. The Court
reiterates its determination Petitioner did not make (either in his original Motion for Certificate
of Appealability [ECF No. 40] or his present Motion) a substantial showing of the denial of a
constitutional right. Further, the Eighth Circuit has already adjudicated Petitioner’s appeal,

affirming this Court’s July 2014 Order [ECF No. 47]. Therefore, the Court will deny Petitioner’s
Motion as moot.
Accordingly,
IT IS HEREBY ORDERED that Petitioner Billy Ray Turner, Jr.’s “Motion for
Corrective Order as to Certificate of Appealability” [ECF No. 43], is DENIED as moot.
Dated this 3rd Day of August, 2015.

E. RICHARD WEBBER
SENIOR UNITED STATES DISTRICT JUDGE

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