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Thornton v. Bowersox

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

March 30, 2015

ALEXANDER THORNTON, Petitioner,
v.
MICHAEL BOWERSOX, Respondent.

MEMORANDUM AND ORDER

STEPHEN N. LIMBAUGH, Jr., District Judge.

This matter is before me on the petition for writ of habeas corpus filed by Petitioner Alexander Thornton. 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. ยง 636(b). On February 11, 2015, Judge Crites-Leoni filed her recommendation that Thornton's habeas petition should be dismissed.

No objections to Judge Crites-Leoni's Report and Recommendation were filed. After careful consideration, I will adopt and sustain the thorough reasoning of Judge Crites-Leoni and deny Thornton's habeas petition for the reasons stated in the Report and Recommendation dated February 11, 2015.

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 Thornton has not made such a showing in this case, I will not issue a certificate of appealability.

Accordingly,

IT IS HEREBY ORDERED that Judge Abbie Crites-Leoni's Report and Recommendation, #25, filed on February 11, 2015 is adopted and sustained in its entirety.

IT IS FURTHER ORDERED that Petitioner Alexander Thornton's Petition for Writ of Habeas Corpus, #1, 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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