govinfo:USCOURTS-moed-4_25-cv-01395-1

UNITED STATES DISTRICT COURT 
 EASTERN DISTRICT OF MISSOURI 
 EASTERN DIVISION 
 
KEVIN D. MCGEE, ) 
 ) 
Petitioner, ) 
 ) 
v. )  No. 4:25-cv-01395-PLC 
 ) 
DONNA ANDERSON, ) 
 ) 
Respondent. ) 
 
 MEMORANDUM OPINION 
  
In September 2025, Petitioner Kevin D. McGee filed a Petition Under 28 U.S.C. § 2254 
for Writ of Habeas Corpus.  Doc. [1].  In an Order filed on May 5, 2026, the Honorable Patricia L. 
Cohen ordered Petitioner to show cause in writing why the Court should not deny his Petition as 
time-barred and dismiss his case.  Doc. [7].  The Order cautioned Petitioner that if he failed to 
respond or adequately show cause, his case would be dismissed without further notice.  Id. at 3. 
Petitioner has not responded to that Order, and the time for doing so has passed.   
For the reasons explained in the May 5, 2026 Order, see id., the Court finds that the Petition 
is time-barred.  And as explained above, Petitioner did not respond to the Order directing him to 
show cause why his Petition should not be denied and dismissed as time -barred.  The Court 
therefore will deny Petitioner’s Petition and dismiss this case.  See Rule 4 of the Rules Governing 
Section 2254 Proceedings for the United States District Courts. 
The Court now considers whether to issue a certificate of appealability.  See id. at Rule 
11(a).  For the Court to do so, Petitioner must show “both that jurists of reason would find it 
debatable whether the petition states a valid claim of the denial of a constitutional right and that 
jurists of reason would find it debatable whether the district court was correct in its procedural 
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ruling.”  See Jimenez v. Quarterman , 555 U.S. 113, 118 n.3 (2009) (citation modified) (quoting 
Slack v. McDaniel, 529 U.S. 473, 484 (2000)).  Here, Petitioner’s Petition is time-barred, and he 
has provided no basis upon which the Court could issue a certificate of appealability. 
Accordingly, the Court will enter herewith an Order of Dismissal denying Petitioner’s 
Petition, dismissing this case with prejudice, and declining to issue a certificate of appealability.   
Dated this 11th day of June 2026.  
 
   
 MATTHEW T. SCHELP 
 UNITED STATES DISTRICT JUDGE 
  
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