Beedle v. Steele

Filing 40

MEMORANDUM AND ORDER (See Full Order) IT IS HEREBY ORDERED that the Report and Recommendation of United States Magistrate Judge Noelle C. Collins 39 is SUSTAINED, ADOPTED, AND INCORPORATED herein. IT IS FURTHER ORDERED that Petitioner Jeremy Beed le's Petition for Writ of Habeas Corpus 1 is DENIED as moot. IT IS FURTHER ORDERED that Petitioner Jeremy Beedle's Amended Petition for Writ of Habeas Corpus 4 is DENIED, and this action is DISMISSED. The Court shall not issue a certificate of appealability as to any claim raised by Petitioner. Signed by District Judge E. Richard Webber on 2/26/18. (EAB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
JEREMY BEEDLE,
Petitioner,
v.
JAY CASSADY,
Respondent.

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No. 4:14CV02126

MEMORANDUM AND ORDER
This matter comes before the Court on the Report and Recommendation of the United
States Magistrate Judge Noelle C. Collins [39], pursuant to 28 U.S.C. § 636(b)(1).
The Court notes no objections were filed to the Report and Recommendation within the
time period afforded by 28 U.S.C. § 636(b)(1). The Eighth Circuit has held that it is reversible
error for a district court to fail to conduct a de novo review of a magistrate judge's Report and
Recommendation when such review is required. See, e.g., United States v. Lothridge, 324 F.3d
599, 600 (8th Cir. 2003). The court reviews the unobjected-to portions of the proposed findings
or recommendations for plain error. See United States v. Rodriguez, 484 F.3d 1006, 1010-11 (8th
Cir. 2007) (noting that, where a party does not file objections to a magistrate's report and
recommendation, the party waives the right to de novo review and the court will review the
decision for plain error).
The Court has considered the Report and Recommendation, and hereby sustains, adopts,
and incorporates herein the Magistrate’s Report and Recommendation in its entirety.

The

Magistrate’s decision denying Petitioner Jeremy Beedle’s Petition for Writ of Habeas Corpus [1]
as moot and denying his Amended Petition for Writ of Habeas Corpus [4] and dismissing this

action is affirmed. Additionally, this Court finds Beedle has not made a substantial showing of
the denial of a constitutional right, as is required before a certificate of appealability can issue,
and therefore, this Court shall not issue a certificate of appealability as to any claims raised by
Beedle. See Cox v. Norris, 133 F.3d 565, 569 (8th Cir. 1997).
Accordingly,
IT IS HEREBY ORDERED that the Report and Recommendation of United States
Magistrate

Judge

Noelle

C.

Collins

[39]

is

SUSTAINED,

ADOPTED,

AND

INCORPORATED herein.
IT IS FURTHER ORDERED that Petitioner Jeremy Beedle’s Petition for Writ of
Habeas Corpus [1] is DENIED as moot.
IT IS FURTHER ORDERED that Petitioner Jeremy Beedle’s Amended Petition for
Writ of Habeas Corpus [4] is DENIED, and this action is DISMISSED. The Court shall not
issue a certificate of appealability as to any claim raised by Petitioner.
Dated this 26th Day of February, 2018.

E. RICHARD WEBBER
SENIOR UNITED STATES DISTRICT JUDGE

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