Filed: Mar. 17, 2018
Latest Update: Mar. 17, 2018
Summary: ORDER MORRISON C. ENGLAND, JR. , District Judge . Petitioner, a state prisoner under sentence of death, has filed this application for a writ of habeas corpus pursuant to 28 U.S.C. 2254. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. 636(b)(1)(B) and Local Rule 302. On October 30, 2015, the magistrate judge filed findings and recommendations herein which were served on all parties and which contained notice to all parties that any objections to the fi
Summary: ORDER MORRISON C. ENGLAND, JR. , District Judge . Petitioner, a state prisoner under sentence of death, has filed this application for a writ of habeas corpus pursuant to 28 U.S.C. 2254. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. 636(b)(1)(B) and Local Rule 302. On October 30, 2015, the magistrate judge filed findings and recommendations herein which were served on all parties and which contained notice to all parties that any objections to the fin..
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ORDER
MORRISON C. ENGLAND, JR., District Judge.
Petitioner, a state prisoner under sentence of death, has filed this application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On October 30, 2015, the magistrate judge filed findings and recommendations herein which were served on all parties and which contained notice to all parties that any objections to the findings and recommendations were to be filed within sixty days. Both parties have filed objections to the findings and recommendations.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the Court finds the findings and recommendations to be supported by the record and by proper analysis.
Accordingly, IT IS HEREBY ORDERED that:
1. The findings and recommendations filed October 30, 2015 (ECF No. 550) are ADOPTED in full, and
a. Petitioner has satisfied 28 U.S.C. § 2254(d) for his claims 2 and 5 with respect to the special circumstance and penalty phase determinations;
b. Petitioner has failed to satisfy § 2254(d) for his claims 2 and 5 with respect to the guilt phase determination;
c. Petitioner has failed to satisfy § 2254(d) for his claims 6, 9, and 36;
d. Petitioner's Motion to Expand the Record or for an Evidentiary Hearing on his Claim 36 (ECF No. 470) is DENIED.
e. Federal habeas relief is denied as to petitioner's claims 6, 9, and 36.
2. The court declines to issue a certificate of appealability on claims 6, 9, and 36.
IT IS SO ORDERED.
