Blockton v. Lewis, No. 1:2019cv00174 - Document 12 (E.D. Mo. 2020)

Court Description: OPINION MEMORANDUM re: 7 MOTION for Certificate of Appealability filed by Petitioner Darryl Blockton. IT IS HEREBY ORDERED that petitioner's motion for certificate of appealability [Doc. #7] is DENIED. IT IS FURTHER ORDERED that no certificate of appealability shall issue. Signed by District Judge Henry Edward Autrey on 6/18/20. (CSG)
Download PDF
Blockton v. Lewis Doc. 12 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI SOUTHEASTERN DIVISION DARRYL BLOCKTON, Petitioner, v. JASON LEWIS, Respondent. ) ) ) ) ) ) ) ) ) No. 1:19-CV-174 HEA OPINION, MEMORANDUM AND ORDER Before the Court is petitioner’s request for a certificate of appealability. The Court denied a certificate of appealability at the time of the dismissal of the petition for writ of habeas corpus on June 1, 2020, and petitioner has not provided evidence to reconsider this decision. The Court finds that petitioner has failed to make a substantial showing of the denial of a constitutional right, which requires a demonstration “that jurists of reason would find it debatable whether the petition states a valid claim of the denial of a constitutional right.” Khaimov v. Crist, 297 F.3d 783, 785 (8th Cir. 2002) (quotation omitted). Thus, the Court will not issue a certificate of appealability. 28 U.S.C. § 2253(c). Accordingly, IT IS HEREBY ORDERED that petitioner’s motion for certificate of appealability [Doc. #7] is DENIED. IT IS FURTHER ORDERED that no certificate of appealability shall issue. Dated this 19th day of June, 2020. HENRY EDWARD AUTREY UNITED STATES DISTRICT JUDGE Dockets.Justia.com