Childs v. Steele

Filing 20

ORDER ADOPTING REPORT AND RECOMMENDATIONS..IT IS HEREBY ORDERED that Judge Bakers Report and Recommendation, #18, filed January 2, 2018 is adopted and sustained in its entirety.IT IS FURTHER ORDERED that Petitioners 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 3/9/18. (MRS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
ROBERT T. CHILDS,
Petitioner,
vs.
KENNY JONES, et al.,
Respondent.

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Case No. 4:14CV02088 SNLJ

MEMORANDUM AND ORDER
This matter is before me on the petition for writ of habeas corpus filed by
Petitioner Robert T. Childs. I referred this matter to United States Magistrate Judge
Nannette A. Baker for a report and recommendation on all dispositive matters pursuant to
28 U.S.C. § 636(b). On January 2, 2018, Judge Baker filed her recommendation that
Childs’ habeas petition should be dismissed.
No objections to Judge Baker’s Report and Recommendation were filed. After
careful consideration, I will adopt and sustain the thorough reasoning of Judge Baker and
deny Childs’ habeas petition for the reasons stated in the Report and Recommendation
dated January 2, 2018.
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 Childs 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,
#18, filed January 2, 2018 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 9th day of March, 2018.

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STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE

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