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)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
EDISON HESTER,
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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
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