Rasheed v. Lawrence

Filing 14

MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that the Report and Recommendation filed on September 5, 2017, 12 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. Signed by District Judge Rodney W. Sippel on 9/11/17. (ARL)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION JAMES RASHEED, Petitioner, vs. SCOTT LAWRENCE, Respondent. ) ) ) ) ) ) ) ) ) Case No. 4:14 CV 780 RWS MEMORANDUM AND ORDER This matter is before the Court on the petition for writ of habeas corpus pursuant to 28 U.S.C. ' 2254 filed by James Rasheed. The Court referred this matter to United States Magistrate Judge Nannette A. Baker for a report and recommendation on all dispositive matters pursuant to 28 U.S.C. ' 636(b). On August 21, 2017, Judge Baker filed her Report and Recommendation that petitioner’s habeas petition should be denied. [12]. Petitioner filed objections to the Report and Recommendation which simply restate his underlying grounds for relief. I have conducted a de novo review of all matters relative to petitioner’s objections. After careful consideration, I will adopt and sustain Judge Baker’s thorough Report and Recommendation in its entirety as I agree with Judge Baker that petitioner is not entitled to relief for the reasons set out in the Report and Recommendation. 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 petitioner has not made such a showing, I will not issue a certificate of appealability. Accordingly, IT IS HEREBY ORDERED that the Report and Recommendation filed on September 5, 2017, [12] 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 _________________________________ RODNEY W. SIPPEL UNITED STATES DISTRICT JUDGE Dated this 11th day of September, 2017. 2

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