Williams v. Wallace

Filing 47

MEMORANDUM AND ORDER..IT IS HEREBY ORDERED that Judge Shirley P. Mensah's Report and Recommendation, #43, filed on January 23, 2017 is adopted and sustained in its entirety. IT IS FURTHER ORDERED that Petitioner Andre Williams, Sr.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 2/28/17. (MRS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
ANDRE WILLIAMS, SR.,
Petitioner,
vs.
IAN WALLACE,
Respondent.

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Case No. 4:14CV00412 SNLJ

MEMORANDUM AND ORDER
This matter is before me on the petition for writ of habeas corpus filed by Petitioner
Andre Williams, Sr. I referred this matter to United States Magistrate Judge Shirley P. Mensah,
for a report and recommendation on all dispositive matters pursuant to 28 U.S.C. ' 636(b). On
January 23, 2017, Judge Mensah filed her recommendation that Williams’ habeas petition should
be dismissed.
Objections to Judge Mensah’s Report and Recommendation were filed. After careful
consideration, I will adopt and sustain the thorough reasoning of Judge Mensah and deny
Williams’ habeas petition for the reasons stated in the Report and Recommendation dated
January 23, 2017.
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 Williams

has not made such a showing in this case, I will not issue a certificate of appealability.
Accordingly,
IT IS HEREBY ORDERED that Judge Shirley P. Mensah’s Report and
Recommendation, #43, filed on January 23, 2017 is adopted and sustained in its entirety.
IT IS FURTHER ORDERED that Petitioner Andre Williams, Sr.’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 28th day of February, 2017.

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STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE

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