Roberts v. Steele

Filing 23

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Judge Cohen's Report and Recommendation, #21, filed March 31, 2017 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. Signed by District Judge Stephen N. Limbaugh, Jr on 6/15/2017. (JMC)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
CHRISTOPHER ROBERTS,
Petitioner,
vs.
CINDY GRIFFITH and JOSHUA
D. HAWLEY,
Respondents.

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Case No. 4:13CV02510 SNLJ

MEMORANDUM AND ORDER
This matter is before me on the petition for writ of habeas corpus filed by
Petitioner Christopher Roberts. 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 March 31, 2017, Judge Cohen filed her recommendation that
Roberts’ 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 Roberts’ habeas petition for the reasons stated in the Report and Recommendation
dated March 31, 2017. Petitioner’s objections are overruled.
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 Roberts has not made such a showing in this case, I will not
issue a certificate of appealability.
Accordingly,
IT IS HEREBY ORDERED that Judge Cohen’s Report and Recommendation,
#21, filed March 31, 2017 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.
Dated this 15th day of June, 2017.
_________________________________
STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE

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