UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION JOHN J. DONLEY, ) Petitioner, vs. Case No. 4:16CV00638 SNLJ MICHAEL BOWERSOX, Respondent. MEMORANDUM AND ORDER This matter is before me on the petition for writ of habeas corpus filed by Petitioner John J. Donley. I referred this matter to United States Magistrate Judge Shirley Padmore Mensah for a report and recommendation on all dispositive matters pursuant to

(b). On August 12, 2019, Judge Mensah filed her recommendation that Donley’s habeas petition should be dismissed without prejudice. After careful consideration, I will adopt and sustain the thorough reasoning of Judge Mensah and deny Donley’s habeas petition for the reasons stated in the Report and Recommendation dated August 12, 2019. 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,

(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,

(8th Cir. 1997) (citing Flieger v. Delo,

(8th Cir. 1994). Because

Johnson has not made such a showing in this case, I will not issue a certificate of appealability. Accordingly, IT IS HEREBY ORDERED that Judge Mensah’s Report and Recommendation, #10, filed August 12, 2019 is adopted and sustained in its entirety. IT IS FURTHER ORDERED that Petitioner’s Petition for Writ of Habeas Corpus, #1, is DISMISSED without prejudice.

4h Dated this 3? day of August, 2019. bo

UNITED STATES DISTRICT JUDGE