Hopkins v. Cassady

Filing 18

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Judge Baker's Report and Recommendation filed on November 21, 2017 is adopted and sustained in its entirety. IT IS FURTHER ORDERED that Petitioner Noah J. Hopkins' Petition for Writ of Habe as 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 12/15/17. (LGK)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
NOAH J. HOPKINS,
Petitioner,
v.
JAY CASSADY,
Respondent.

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Case No. 4:14 CV 2058 RWS

MEMORANDUM AND ORDER
This matter is before me on the petition for writ of habeas corpus filed by
Petitioner Noah J. Hopkins. I referred this matter to United States Magistrate Judge
Nannette Baker for a report and recommendation on all dispositive matters pursuant
to 28 U.S.C. § 636(b). On November 21, 2017, Judge Baker filed her
recommendation that Hopkins’ habeas petition should be denied.
Objections to Judge Baker’s Report and Recommendation were due to be
filed by December 5, 2017. As of the date of this order, Hopkins has not filed any
objection to the Report and Recommendation. After careful consideration, I will
adopt and sustain the thorough reasoning of Judge Baker’s report and I will deny
Hopkins’ habeas petition for the reasons stated in the Report and Recommendation
dated November 21, 2017.
I have also considered whether to issue a certificate of appealability. To grant
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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 Baker’s Report and
Recommendation filed on November 21, 2017 is adopted and sustained in its
entirety.
IT IS FURTHER ORDERED that Petitioner Noah J. Hopkins’ 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 15th day of December, 2017.
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