STEPHEN N. LIMBAUGH
MEMORANDUM AND ORDER
This matter is before me on the petition for writ of habeas corpus filed by Petitioner Leroy Simmons. I referred this matter to United States Magistrate Judge David D. Noce, for a report and recommendation on all dispositive matters pursuant to 28 U.S.C. § 636(b). On August 14, 2013, Judge Noce filed his recommendation that Simmon's habeas petition should be denied.
No objections to Judge Noce's Report and Recommendation were filed. After careful consideration, I will adopt and sustain the thorough reasoning of Judge Noce and deny Simmon's habeas petition for the reasons stated in the Report and Recommendation dated August 14, 2013. 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 Simmons has not made such a showing in this case, I will not issue a certificate of appealability. Accordingly,
IT IS HEREBY ORDERED that Judge Noce's Report and Recommendation, #12, filed on August 14, 2013 is adopted and sustained in its entirety.
IT IS FURTHER ORDERED that Petitioner Leroy Simmon'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