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Manning v. Bowersox

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

March 27, 2015

ARTHUR LEE MANNING, Petitioner,
v.
MICHAEL BOWERSOX, Respondent.

MEMORANDUM AND ORDER

RODNEY W. SIPPEL, District Judge.

This matter is before the Court on petitioner's motion for certificate of appealability. I denied petitioner a certificate of appealability on March 19, 2015, when I denied his habeas petition. As petitioner's motion raises no new arguments that convince me my prior decision was in error, the motion will be denied. As I stated before, 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, I will not issue a certificate of appealability.

Accordingly,

IT IS HEREBY ORDERED that petitioner's motion for a certificate of appealability [#22] is denied.


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