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ROBERTSON v. STEPHENS, V-15-069. (2016)

Court: District Court, S.D. Texas Number: infdco20160513909 Visitors: 10
Filed: Apr. 27, 2016
Latest Update: Apr. 27, 2016
Summary: Order of Dismissal LYNN N. HUGHES , District Judge . On April 11, 2016, petitioner James Rankin Robertson filed his objections to the report and recommendation of the magistrate judge. Because there is no constitutional right to counsel in a post-conviction habeas proceeding, ineffective assistance of counsel cannot be raised in an attempt to establish cause to excuse any procedural default and merit federal habeas consideration. In re: Goff , 250 F.3d 273 , 276 (5 th Cir. 2001) ( citing
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Order of Dismissal

On April 11, 2016, petitioner James Rankin Robertson filed his objections to the report and recommendation of the magistrate judge. Because there is no constitutional right to counsel in a post-conviction habeas proceeding, ineffective assistance of counsel cannot be raised in an attempt to establish cause to excuse any procedural default and merit federal habeas consideration. In re: Goff, 250 F.3d 273, 276 (5th Cir. 2001) (citing, Coleman v. Thompson, 501 U.S. 722, 752 (1991)).

The objections are overruled, the motions to supplement (13, 16) are denied, the recommendation of the magistrate judge is adopted, and the petition for a writ of habeas corpus of James Rankin Robertson is dismissed.

Source:  Leagle

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