Hester v. Ramey

Filing 19

MEMORANDUM AND ORDER re: 17 MOTION for Certificate of Appealability filed by Petitioner Edison Hester. IT IS HEREBY ORDERED that petitioner's motion for a certificate of appealability (Docket No. 17) is DENIED. IT IS FURTHER ORDERED that the Court will not issue a certificate of appealability. Signed by District Judge Stephen N. Limbaugh, Jr on 10/11/19. (CSG)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION EDISON HESTER, ) ) ) ) ) ) ) ) ) Petitioner, V. EILEEN RAMEY, Respondent. No. 4:18-CV-845 SNLJ MEMORANDUM AND ORDER This matter comes before the Court on petitioner Edison Hester' s motion for a certificate of appealability. (Docket No. 17). The Court previously considered whether or not to issue a certificate of appealability. In order to issue such a certificate, the Court must find a substantial showing of the denial of a federal right. See Tiedeman v. Benson, 122 F.3d 518, 522 (8 th 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 (8 th Cir. 1997). When the Court dismissed petitioner' s petition, the Court noted that petitioner had not made such a showing. As such, the Court ordered that it would not issue a certificate of appealability. Petitioner' s motion simply repeats assertions made in the petition. Therefore, the Court will deny petitioner's motion. Accordingly, IT IS HEREBY ORDERED that petitioner' s motion for a certificate of appealability (Docket No. 17) is DENIED. IT IS FURTHER ORDERED that the Court will not issue a certificate of appealability. Dated this { ( I( day of O e, h,j, 1r , 2019. STEPlIENN.iIMBAUGH, JR. UNITED STATES DISTRICT JUDGE 2

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