United States District Court, E.D. Missouri, Eastern Division
August 20, 2014
TERRENCE C. VANN, Petitioner,
TERRY RUSSELL, Respondent.
MEMORANDUM AND ORDER
STEPHEN N. LIMBAUGH, Jr., District Judge.
This matter is before me on the petition for writ of habeas corpus and amended petition for writ of habeas corpus filed by Petitioner Terrence Vann. I referred this matter to United States Magistrate Judge Abbie Crites-Leoni, for a report and recommendation on all dispositive matters pursuant to 28 U.S.C. § 636(b). On July 11, 2014, Judge Crites-Leoni filed her recommendation that Vann's habeas petition should be dismissed.
Objections to Judge Crites-Leoni's Report and Recommendation were filed on August 11, 2014. After careful consideration, I will adopt and sustain the thorough reasoning of Judge Crites-Leoni and deny Vann's habeas petition for the reasons stated in the Report and Recommendation dated July 11, 2014.
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. Norris, 133 F.3d 565, 569 (8th Cir. 1997) (citing Flieger v. Delo, 16 F.3d 878, 882-83 (8th Cir. 1994). Because Vann has not made such a showing in this case, I will not issue a certificate of appealability. Accordingly,
IT IS HEREBY ORDERED that Judge Crites-Leoni's Report and Recommendation, #28, filed July 11, 2014 is adopted and sustained in its entirety.
IT IS FURTHER ORDERED that Petitioner's Petition for Writ of Habeas Corpus, #1 and Second Amended Petition for Writ of Habeas Corpus, #25, are 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.