Case No. 4:06CV848 HEA
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.
IT IS HEREBY ORDERED that a Certificate of Appealability will not issue in this matter.
HENRY EDWARD AUTREY
UNITED STATES DISTRICT JUDGE