Opinion
Case No. 4:11CV00319 SNLJ
02-25-2014
CEDRIC D. RICE, Petitioner, v. IAN WALLACE, et al., Respondents.
MEMORANDUM AND ORDER
This matter is before me on the petition for writ of habeas corpus filed by Petitioner Cedric D. Rice. I referred this matter to United States Magistrate Judge Thomas C. Mummert, for a report and recommendation on all dispositive matters pursuant to 28 U.S.C. § 636(b). On February 5, 2014, Judge Mummert filed his recommendation that Rice's habeas petition should be dismissed.
No objections to Judge Mummert's Report and Recommendation were filed. After careful consideration, I will adopt and sustain the thorough reasoning of Judge Mummert and deny Rice's habeas petition for the reasons stated in the Report and Recommendation dated February 5, 2014. 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 Rice has not made such a showing in this case, I will not issue a certificate of appealability. Accordingly,
IT IS HEREBY ORDERED that Judge Mummert's Report and Recommendation, #41, filed on February 5, 2014 is adopted and sustained in its entirety.
IT IS FURTHER ORDERED that Petitioner Cedric D. Rice'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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STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE