Goodwin
v.
Roper

This case is not covered by Casetext's citator
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISIONMar 12, 2014
Case No. 4:06CV848 HEA (E.D. Mo. Mar. 12, 2014)

Case No. 4:06CV848 HEA

03-12-2014

PAUL T. GOODWIN, Petitioner, v. DON ROPER, Respondent.


MEMORANDUM AND ORDER

This matter is before the Court on the Eighth Circuit Court's limited remand for consideration of whether a certificate of appealability should be issued pursuant to Tiedeman v. Benson, 122 F.3d 518 (8th Cir. 1997). In order for this Court to grant a certificate of appealability, the Court must find a substantial showing of the denial of a federal constitutional right. See Tiedeman, 122 F.3d at 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 Fleiger v. Delo, 16 F.3d 878, 882-83 (8th Cir.1994)). Because Petitioner has not made such a showing, the Court will not issue a certificate of appealability.

Accordingly,

IT IS HEREBY ORDERED that a Certificate of Appealability will not issue in this matter.

__________


HENRY EDWARD AUTREY


UNITED STATES DISTRICT JUDGE