Tramble v. Missouri Department of Corrections

Filing 15

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Judge Collins' Report and Recommendation filed on February 6, 2017 is adopted and sustained in its entirety. IT IS FURTHER ORDERED that Petitioner Edward Tramble's Petition for Writ of Habe as Corpus 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 Rodney W. Sippel on 3/10/17. (CAR)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
EDWARD TRAMBLE,

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Petitioner,
v.
JAMES HURLEY,
Respondent.

No. 4:14 CV 547 RWS

MEMORANDUM AND ORDER
This matter is before me on Petitioner Edward Tramble’s petition for writ of habeas corpus
under 28 U.S.C. § 2254. Tramble challenges the sufficiency of the evidence supporting his
conviction for burglary in the second degree and argues his trial counsel was ineffective in its
handling of prior convictions of one of the State’s witnesses, the pastor of the church that Tramble
was convicted of burglarizing.1 I referred this matter to United States Magistrate Judge Noelle C.
Collins for a report and recommendation on all dispositive matters pursuant to 28 U.S.C. § 636(b).
On February 6, 2017, Judge Collins filed her recommendation that Tramble’s habeas petition
should be denied.
Objections to Judge Collins’s Report and Recommendation were due by February 21,
2017. As of the date of this order, no objections to the Report and Recommendation have been
filed.

After careful consideration, I will adopt and sustain Judge Collins’s Report and

Recommendation in its entirety.
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
1 I note that while the Report and Recommendation mistakenly states several times that Tramble is challenging his
conviction for “second degree robbery,” the Report’s analysis properly addresses second-degree burglary.

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). Because Tramble has not made such a showing in this case, I will not issue a certificate of
appealability.
Accordingly,
IT IS HEREBY ORDERED that Judge Collins’s Report and Recommendation filed on
February 6, 2017 is adopted and sustained in its entirety.
IT IS FURTHER ORDERED that Petitioner Edward Tramble’s Petition for Writ of
Habeas Corpus 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.

RODNEY W. SIPPEL
UNITED STATES DISTRICT JUDGE
Dated this 10th day of March, 2017.

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