Johnson v. Cassady

Filing 35

MEMORANDUM AND ORDER: ORDER ADOPTING REPORT AND RECOMMENDATIONS for 31 Report and Recommendations, 1 Petition for Writ of Habeas Corpus, filed by Oliver Johnson. IT IS HEREBY ORDERED that Judge Collin's Report and Recommendation, #31, filed On June 19, 2019 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. Signed by District Judge Stephen N. Limbaugh, Jr on 08.07.19. (CMH)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
OLIVER JOHNSON,
Petitioner,
vs.
EILEEN RAMEY 1,
Respondent.

)
)
)
)
)
)
)
)
)

Case No. 4:16CV01129 SNLJ

MEMORANDUM AND ORDER
This matter is before me on the petition for writ of habeas corpus filed by Petitioner
Oliver Johnson. I referred this matter to United States Magistrate Judge Noelle C. Collins, for a
report and recommendation on all dispositive matters pursuant to 28 U.S.C. ' 636(b). On June
19, 2019, Judge Collins filed her recommendation that Johnson=s habeas petition should be
dismissed. Thereafter, Johnson filed objections thereto.
After careful consideration, I will adopt and sustain the thorough reasoning of Judge
Collins and deny Johnson=s habeas petition for the reasons stated in the Report and
Recommendation dated June 19, 2019. 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.
1

Petitioner is currently incarcerated at the Jefferson City Correctional Center in Jefferson City,
Missouri (See Doc. 28 at 4). Eileen Ramey is the Warden and proper party respondent. See 28 U.S.C.
§ 2254, Rule 2(a).

1

Norris, 133 F.3d 565, 569 (8th Cir. 1997) (citing Flieger v. Delo, 16 F.3d 878, 882-83 (8th Cir.
1994). Because Johnson has not made such a showing in this case, I will not issue a certificate of
appealability.
Accordingly,
IT IS HEREBY ORDERED that Judge Collin=s Report and Recommendation, #31, filed
On June 19, 2019 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 7th day of August, 2019.

______________________________________
STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE

2