Hester v. Ramey

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION EDISON HESTER, ) Petitioner, Vv. No. 4:18-CV-845 SNLJ EILEEN RAMEY, Respondent. MEMORANDUM AND ORDER This matter comes before the Court on petitioner Edison Hester’s motion for a certificate of appealability. (Docket No. 17). The Court previously considered whether or not to issue a certificate of appealability. In order to issue such a certificate, the Court must find a substantial showing of the denial of a federal right. See Tiedeman v. Benson, 122 F.3d 518, 522 (8" 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 (8" Cir. 1997). When the Court dismissed petitioner’s petition, the Court noted that petitioner had not made such a showing. As such, the Court ordered that it would not issue a certificate of appealability. Petitioner’s motion simply repeats assertions made in the petition. Therefore, the Court will deny petitioner’s motion. Accordingly, IT IS HEREBY ORDERED that petitioner’s motion for a certificate of appealability (Docket No. 17) is DENIED.

IT IS FURTHER ORDERED that the Court will not issue a certificate of appealability. Dated this (lH, dayof Ge tebe , 2019. Lx. 4th. STEPHEN N. LIMBAUGH, JR. UNITED STATES DISTRICT JUDGE