Moorehead v. Norman, No. 4:2008cv01170 - Document 15 (E.D. Mo. 2013)
Court Description: OPINION MEMORANDUM AND ORDER IT IS HEREBY ORDERED that the Petition of Reginald Moore head for a Writ of Habeas Corpus, [Doc. No. 1], is dismissed without further proceedings. IT IS FURTHER ORDERED that the Court will not issue a Certificate of Appealability. 14 1 Signed by District Judge Henry E. Autrey on 6/26/13. (CLA)
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Moorehead v. Norman Doc. 15 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION REGINALD MOOREHEAD, Petitioner, vs. JEFF NORMAN, Respondent. ) ) ) ) ) ) ) ) ) Case No. 4:08CV1170 HEA OPINION, MEMORANDUM AND ORDER This matter is before the Court on Magistrate Judge Adelman s Report and Recommendation of August 8, 2011. Judge Adelman recommends that Petitioner s Petition for Writ of Habeas Corpus, [Doc. No. 1], be dismissed. Objections to Judge Adelman s Report and Recommendation were due August 22, 2011. As of this date, Petitioner has not filed written objections to the Report and Recommendation. Judge Adelman s Report and Recommendation contains a detailed analysis of Petitioner s petition. Judge Adelman details the procedural history of Petitioner s state proceedings. This Court agrees with Judge Adelman s conclusions that Petitioner s Ground I is procedurally defaulted and that the remaining grounds are without merit. The Court will adopt Judge Adelman s recommendation that this matter be dismissed without further proceedings. Dockets.Justia.com Certificate of Appeal ability The federal statute governing certificates of appealability provides that [a] certificate of appealability may issue . . . only if the applicant has made a substantial showing of the denial of a constitutional right. 28 U.S.C. ยง 2253(c)(2). A substantial showing of the denial of a constitutional right requires 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). Based on the record, a Certificate of Appealability is not warranted in this matter. Accordingly, IT IS HEREBY ORDERED that the Petition of Reginald Moore head for a Writ of Habeas Corpus, [Doc. No. 1], is dismissed without further proceedings. IT IS FURTHER ORDERED that the Court will not issue a Certificate of Appealability. Dated this26th day of June, 2013. HENRY EDWARD AUTREY UNITED STATES DISTRICT JUDGE -2-
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