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Cahill v. Bernsen

United States District Court, E.D. Missouri, Eastern Division

October 15, 2014

KEVIN CAHILL, Petitioner,
v.
HERBERT L. BERNSEN, Respondents.

MEMORANDUM AND ORDER

RODNEY W. SIPPEL, District Judge.

This matter is before me on the petition for writ of habeas corpus filed by Petitioner Kevin Cahill. I referred this matter to United States Magistrate Judge Nannette A. Baker for a report and recommendation on all dispositive matters pursuant to 28 U.S.C. ยง 636(b). On September 5, 2014, Judge Baker filed her recommendation that Cahill's habeas petition should be denied.

Objections to Judge Baker's Report and Recommendation were due to be filed by September 19, 2014. As of the date of this order, Cahill has not filed any objection to the Report and Recommendation. After careful consideration, I will adopt and sustain the thorough reasoning of Judge Baker's report and I will deny Cahill's habeas petition for the reasons stated in the Report and Recommendation dated September 5, 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 petitioner has not made such a showing in this case, I will not issue a certificate of appealability.

Accordingly,

IT IS HEREBY ORDERED that Judge Baker's Report and Recommendation filed on September 5, 2014 is adopted and sustained in its entirety.

IT IS FURTHER ORDERED that Petitioner Kevin Cahill's Petition for Writ of Habeas Corpus 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.


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