Opinion
Case No. 4:15-CV-1676 SNLJ-NCC
07-29-2019
JOSEPH A. VERIVE, Petitioner, v. DAN REDDINGTON, Respondent.
MEMORANDUM and ORDER
This matter is before the Court on the petition for writ of habeas corpus filed by Petitioner Joseph A. Verive. I referred this matter to United States Magistrate Judge Noelle C. Collins for a report and recommendation on all dispositive matters pursuant to 28 U.S.C. § 636(b). On February 15, 2019, Judge Collins filed her recommendation that petitioner's habeas petition should be denied (#20).
Petitioner sought and was granted an extension of time in which to file any objections. Petitioner filed his objections on April 19. After careful consideration, I will adopt and sustain the thorough reasoning of Judge Collins and deny petitioner's habeas petition for the reasons stated in the Report and Recommendation dated February 15, 2019.
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 petitioner has not made such a showing in this case, I will not issue a certificate of appealability.
Accordingly,
IT IS HEREBY ORDERED that the report and recommendation of United States Magistrate Judge Noelle C. Collins (#20) be and is SUSTAINED, ADOPTED and INCORPORATED herein.
IT IS FURTHER ORDERED that petitioner Joseph A. Verive's Petition for Writ of Habeas Corpus is DENIED.
IT IS FINALLY ORDERED that the Court will not issue a certificate of appealability. A separate judgment will be entered this same date.
Dated this 29th day of July, 2019.
/s/_________
STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE