Moore v. Wallace

Filing 39

MEMORANDUM AND ORDER..IT IS HEREBY ORDERED that Judge Bodenhausen's Report and Recommendation, #26, filed May 2, 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 10/3/17. (MRS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
JEFFREY SCOTT MOORE,
Petitioner,
vs.
IAN WALLACE,
Respondent.

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Case No. 4:14CV00872 SNLJ

MEMORANDUM AND ORDER
This matter is before me on the petition for writ of habeas corpus filed by
Petitioner Jeffrey Scott Moore. I referred this matter to United States Magistrate Judge
John M. Bodenhausen for a report and recommendation on all dispositive matters
pursuant to 28 U.S.C. § 636(b). On May 2, 2017, Judge Bodenhausen filed his
recommendation that Moore’s habeas petition should be dismissed.
Objections to Judge Bodenhausen’s Report and Recommendation were filed.
After careful consideration, I will adopt and sustain the thorough reasoning of Judge
Bodenhausen and deny Moore’s habeas petition for the reasons stated in the Report and
Recommendation dated May 2, 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 Moore has not made such a showing in this case, I will not
issue a certificate of appealability.
Accordingly,
IT IS HEREBY ORDERED that Judge Bodenhausen’s Report and
Recommendation, #26, filed May 2, 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 3rd day of October, 2017.
_________________________________
STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE

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