Bennett v. United States of America

Filing 22

ORDER denying 21 Plaintiff's Motion for Certificate of Appealability. Signed by District Judge Rodney W. Sippel on 8/18/15. (CAR)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION TAYLOR L. BENNETT, Petitioner, vs. UNITED STATES OF AMERICA, Respondent. ) ) ) ) ) ) ) ) ) No. 4:14 CV 1438 RWS ORDER Petitioner Taylor L. Bennett has filed a motion for a certificate of appealability. To grant such certificate, the judge must find a substantial showing of the denial of a federal constitutional right. 28 U.S.C. § 2253(c)(2). Because Bennett has not made a substantial showing of the denial of a federal constitutional right, this Court will not issue a certificate of appealability. See Cox v. Norris, 133 F.3d 565, 569 (8th Cir. 1997) (citing Flieger v. Delo, 16 F.3d 878, 882-8 (8th Cir. 1994)) (substantial showing must be debatable among reasonable jurists, reasonably subject to a different outcome on appeal, or otherwise deserving of further proceedings). Accordingly, IT IS HEREBY ORDERED that Taylor L. Bennett’s motion for a certificate of appealability [21] is DENIED. _______________________________ RODNEY W. SIPPEL UNITED STATES DISTRICT JUDGE Dated this 18th day of August, 2015

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