McIntosh v. Cassady

Filing 33

MEMORANDUM AND ORDER - IT IS HEREBY ORDERED, ADJUDGED and DECREED that Petitioner's Petition for Writ of Habeas Corpus 1 is DENIED. IT IS FURTHER ORDERED that Petitioner's Motion for Leave to Appeal in Forma Pauperis 32 is MOOT because no Certificate of Appealability will issue. Signed by District Judge E. Richard Webber on October 18, 2017. (MCB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
RODNEY MCINTOSH,

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Petitioner,
v.
JAY CASSADY,
Respondent.

No. 4:14CV1426 ERW

MEMORANDUM AND ORDER
This matter comes before the Court on the Order and Recommendation of the United
States Magistrate Judge Abbie Crites-Leoni [27], pursuant to 28 U.S.C. § 636(b).
The Court notes no objections were filed to the Order and Recommendation within the
time period afforded by 28 U.S.C. § 636(b). The Court has considered the Order and
Recommendation, and hereby sustains, adopts, and incorporates herein the Magistrate’s Order
and Recommendation in its entirety. The Magistrate’s decision denying Petitioner Rodney
McIntosh’s Petition for Writ of Habeas Corpus under 28 U.S.C. § 2254 is affirmed.
Accordingly,
IT IS HEREBY ORDERED, ADJUDGED and DECREED that Petitioner’s Petition
for Writ of Habeas Corpus [1] is DENIED.
IT IS FURTHER ORDERED that Petitioner’s Motion for Leave to Appeal in Forma
Pauperis [32] is MOOT because no Certificate of Appealability will issue.
Dated this 18th Day of October, 2017.

E. RICHARD WEBBER
SENIOR UNITED STATES DISTRICT JUDGE