Rasheed v. Lawrence
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)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
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. . 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.
IT IS HEREBY ORDERED that the Report and Recommendation filed on
September 5, 2017,  is adopted and sustained in its entirety.
IT IS FURTHER ORDERED that Petitioner’s Petition for Writ of Habeas
Corpus  is denied.
IT IS FURTHER ORDERED that the Court will not issue a certificate of
RODNEY W. SIPPEL
UNITED STATES DISTRICT JUDGE
Dated this 11th day of September, 2017.
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