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12-2290 - Brown v. Steele

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12-2290 - Brown v. Steele
February 18, 2016
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REPORT AND RECOMMENDATIONS: IT IS HEREBY RECOMMENDED that Petition for Writ of Habeas Corpus be DENIED. [Doc 1.] IT IS FURTHER RECOMMENDED that, for the reasons stated herein, any motion by Petitioner for a Certificate of Appealability be DENIED. IT IS HEREBY ORDERED that the Clerk of Court shall substitute Respondent Troy Steele in place of Terry Russell as the Respondent.The parties are advised that they have fourteen (14) days in which to file written objections to these recommendations pursuant to 28 U.S.C. § 636(b)(1), unless an extension of time for good cause is obtained, and that failure to file timely objections may result in a waiver of the right to appeal questions of fact. See Thompson v. Nix, 897 F.2d 356 (8th Cir. 1990). Objections to R&R due by 3/3/2016. Signed by Magistrate Judge Nannette A. Baker on 02/18/2016. (CLK)
March 14, 2016
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MEMORANDUM AND ORDER (See Full Order) IT IS HEREBY ORDERED that the Report and Recommendation filed on February 18th, 2016 [ECF No. 23] is SUSTAINED, ADOPTED, AND INCORPORATED herein. IT IS FURTHER ORDERED that the Petitioner Luke Brown's Objections to the Magistrate Judges Report and Recommendations are specifically overruled. IT IS FURTHER ORDERED that the Petitioner Luke Browns Petition under 28 U.S.C. § 2254 for Writ of Habeas Corpus by a Person in State Custody [ECF No. 1] is DENIED. IT IS FURTHER ORDERED that the Court will not issue a certificate of appealability. Signed by District Judge E. Richard Webber on 3/14/16. (EAB)