Ivory v. Cassady

Filing 40

MEMORANDUM AND ORDER for 39 Report and Recommendations. IT IS HEREBY ORDERED that Judge Cohens Report and Recommendation # 39 filed on May 13, 2016 is adopted and sustained in its entirety.IT IS FURTHER ORDERED that Petitioners request for a certificate of appealability with respect to the granting of Respondents second motion for an extension of time # 37 is DENIED and the Court will not issue a certificate of appealability. Signed by District Judge Rodney W. Sippel on 6/6/16. (ARL)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
CHRISTOPHER JAMES IVORY,
Petitioner,
v.
JAY CASSADY and CHRIS KOSTER,
Respondents.

)
)
)
)
)
)
)
)
)

Case No. 4:14 CV 2093 RWS

MEMORANDUM AND ORDER
Petitioner Christopher James Ivory seeks a writ of habeas corpus pursuant to 28 U.S.C. §
2254. I referred this matter to United States Magistrate Judge Patricia L. Cohen for a report and
recommendation on all dispositive matters pursuant to 28 U.S.C. § 636(b).
On May 13, 2016, the Magistrate Judge filed an Order and Report and Recommendation
addressing Respondents’ second motion for an extension of time to file their response to the
Court’s Amended Case Management Order. Petitioner objected to Respondents’ request for an
extension of time and also sought a certificate of appealability. The Magistrate Judge granted the
motion for an extension of time and recommended the denial of Petitioner's request for a
certificate of appealability because the resolution of Respondents’ second motion does not either
implicate or resolve the merits or procedural status of any of Petitioner's habeas claims, and does
not constitute a final order. See 28 U.S.C. § 2253(c); see also Rule 11 of the Rules Governing
Habeas Corpus Cases Under Section 2254 ("[t]he district court must issue or deny a certificate of
appealability when it enters a final order adverse to the applicant").

After careful consideration, I will adopt and sustain the reasoning of the Magistrate Judge
and I will deny Petitioner’s request for a certificate of appealability with respect to the granting
of Respondents’ second motion for an extension of time.
Accordingly,
IT IS HEREBY ORDERED that Judge Cohen’s Report and Recommendation #[39]
filed on May 13, 2016 is adopted and sustained in its entirety.
IT IS FURTHER ORDERED that Petitioner’s request for a certificate of appealability
with respect to the granting of Respondents’ second motion for an extension of time #[37] is
DENIED and the Court will not issue a certificate of appealability.

_________________________________
RODNEY W. SIPPEL
UNITED STATES DISTRICT JUDGE
Dated this 6th day of June, 2016.

2