Shannon v. Fabian
Filing
11
ORDER. Accordingly, based upon the files, records, and proceedings herein, IT IS HEREBY ORDERED that: 1. The Court ADOPTS the Magistrate Judges Report and Recommendation dated March 8, 2010 8 . 2. Darren Don Shannons petition for writ of habeas corpus under 28 U.S.C. § 2254 is DISMISSED with prejudice 1 . 3. The Court DECLINES to grant Petitioner a Certificate of Appealability under 28 U.S.C. § 2253(c). (Written Opinion). Signed by Chief Judge Michael J. Davis on 5/17/10. (GRR)
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UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA DARREN DON SHANNON, Petitioner, v. JOAN FABIAN, Commissioner of Corrections, Respondent. Darren Don Shannon, pro se. Krista Fink, Counsel for Respondent. This matter comes before the Court upon the Report and Recommendation
ORDER Civil File No. 093422 (MJD/AJB)
of United States Magistrate Judge Arthur J. Boylan dated March 8, 2010 [Docket No. 8]. Plaintiff has filed an objection to the Report and Recommendation [Docket No. 9]. Pursuant to statute, the Court has conducted a de novo review of the record. See 28 U.S.C. § 636(b)(1); Local Rule 72.2(b). Based upon that review, the Court ADOPTS the Report and Recommendation. An applicant for a writ of habeas corpus may not take an appeal unless a
judge issues a Certificate of Appealability ("COA") under 28 U.S.C. § 2253(c). 1
The Court will grant a COA only where the petitioner has made a substantial showing of the denial of a constitutional right. See id.; Tiedeman v. Benson, 122 F.3d 518, 523 (8th Cir.1997). To meet this burden, the petitioner must show "that the issues are debatable among reasonable jurists, a court could resolve the issues differently, or the issues deserve further proceedings." Flieger v. Delo, 16 F.3d 878, 88283 (8th Cir. 1994) (citation omitted). Based on Eighth Circuit precedent, this Court finds it unlikely that Petitioner's claims would be decided differently on appeal. The facts in this case do not present any novel or noteworthy issue that warrants appellate review. The Court therefore declines to grant a COA. Accordingly, based upon the files, records, and proceedings herein, IT IS
HEREBY ORDERED that: 1. 2. 3. The Court DECLINES to grant Petitioner a Certificate of Appealability under 28 U.S.C. § 2253(c) Darren Don Shannon's petition for writ of habeas corpus under 28 U.S.C. § 2254 is DISMISSED with prejudice [Docket No. 1]. The Court ADOPTS the Magistrate Judge's Report and Recommendation dated March 8, 2010 [Docket No. 8].
Date: May 17, 2010
s/ Michael J. Davis Michael J. Davis Chief Judge United States District Court
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