McGinnist v. Hurley

Filing 36

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Judge Crites-Leoni's Report and Recommendation, #35, filed July 25, 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 9/1/2017. (RHF)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
DENNIS McGINNIST,
Petitioner,
vs.
JAMES HURLEY,
Respondent.

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Case No. 4:14CV01276 SNLJ

MEMORANDUM AND ORDER
This matter is before me on the petition for writ of habeas corpus filed by
Petitioner Dennis McGinnist. I referred this matter to United States Magistrate Judge
Abbie Crites-Leoni for a report and recommendation on all dispositive matters pursuant
to 28 U.S.C. § 636(b). On July 25, 2017, Judge Crites-Leoni filed her recommendation
that McGinnist’s habeas petition should be dismissed.
No objections to Judge Bodenhausen’s Report and Recommendation were filed.
After careful consideration, I will adopt and sustain the thorough reasoning of Judge
Crites-Leoni and deny McGinnist’s habeas petition for the reasons stated in the Report
and Recommendation dated July 25, 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 McGinnist has not made such a showing in this case, I will not
issue a certificate of appealability.
Accordingly,
IT IS HEREBY ORDERED that Judge Crites-Leoni’s Report and
Recommendation, #35, filed July 25, 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 1st day of September, 2017.

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STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE

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