Williamson v. Wallace

Filing 18

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the Report and Recommendation filed on June 1, 2017 15 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 Rodney W. Sippel on 8/25/17. (LGK)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
DERRICK WILLIAMSON,
Petitioner,
vs.
IAN WALLACE,
Respondent.

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Case No. 4:14 CV 949 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 Derrick Williamson. The Court 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
June 1, 2017, Judge Collins filed her 17-page Report and Recommendation that
petitioner=s habeas petition should be denied. [15]. No objections to the Report
and Recommendation were filed despite petitioner being granted a two-month
extension of time to do so. [17].

After careful consideration, I will adopt and

sustain Judge Collins’ thorough 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
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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
June 1, 2017 [15] 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.

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RODNEY W. SIPPEL
UNITED STATES DISTRICT JUDGE

Dated this 25th day of August, 2017.
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