Hornbuckle v. Wallace

Filing 22

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Judge Mensah's Report and Recommendation filed on April 21, 2017 is adopted and sustained in its entirety. IT IS FURTHER ORDERED that Petitioner Stephen D. Hornbuckle, Sr.'s Petition for Wr it 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.. Signed by District Judge Rodney W. Sippel on 9/5/17. (LGK)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
STEPHEN D. HORNBUCKLE, SR., )
)
Petitioner,
)
)
v.
)
)
IAN WALLACE,
)
)
Respondent.
)

Case No. 4:14 CV 1048 RWS

MEMORANDUM AND ORDER
This matter is before me on the petition for writ of habeas corpus filed by
Petitioner Stephen Hornbuckle. I referred this matter to United States Magistrate
Judge Shirley Padmore Mensah for a report and recommendation on all
dispositive matters pursuant to 28 U.S.C. § 636(b). On April 21, 2017, Judge
Mensah filed her recommendation that Hornbuckle’s habeas petition should be
denied.
Objections to Judge Mensah’s Report and Recommendation were due to
be filed by May 5, 2017. As of the date of this order, Hornbuckle has not filed
any objection to the Report and Recommendation. After careful consideration, I
will adopt and sustain the thorough reasoning of Judge Mensah’s report and I will
deny Hornbuckle’s habeas petition for the reasons stated in the Report and
Recommendation dated April 21, 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 petitioner has not
made such a showing in this case, I will not issue a certificate of appealability.
Accordingly,
IT IS HEREBY ORDERED that Judge Mensah’s Report and
Recommendation filed on April 21, 2017 is adopted and sustained in its entirety.
IT IS FURTHER ORDERED that Petitioner Stephen D. Hornbuckle,
Sr.’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 5th day of September, 2017.
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