Case Information
*1 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION JEFFREY SCOTT MOORE, )
) Petitioner, ) ) vs. ) Case No. 4:14CV00872 SNLJ
) IAN WALLACE, )
) Respondent. ) MEMORANDUM AND ORDER
This matter is before me on the petition for writ of habeas corpus filed by Petitioner Jeffrey Scott Moore. I referred this matter to United States Magistrate Judge John M. Bodenhausen for a report and recommendation on all dispositive matters pursuant to 28 U.S.C. § 636(b). On May 2, 2017, Judge Bodenhausen filed his recommendation that Moore’s habeas petition should be dismissed.
No objections to Judge Bodenhausen’s Report and Recommendation were filed. After careful consideration, I will adopt and sustain the thorough reasoning of Judge Bodenhausen and deny Moore’s habeas petition for the reasons stated in the Report and Recommendation dated May 2, 2017.
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 *2 v. Norris , 133 F.3d 565, 569 (8th Cir. 1997) (citing Flieger v. Delo , 16 F.3d 878, 882-83 (8th Cir. 1994)). Because Moore has not made such a showing in this case, I will not issue a certificate of appealability.
Accordingly,
IT IS HEREBY ORDERED that Judge Bodenhausen’s Report and Recommendation, #26, filed May 2, 2017 is adopted and sustained in its entirety.
IT IS FURTHER ORDERED that Petitioner’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.
Dated this 15 th day of June, 2017.
_________________________________ STEPHEN N. LIMBAUGH, JR. UNITED STATES DISTRICT JUDGE 2