Filed: Jul. 10, 2019
Latest Update: Jul. 10, 2019
Summary: ORDER M. CASEY RODGERS , District Judge . This cause comes on for consideration upon the Chief Magistrate Judge's Report and Recommendation dated May 22, 2019. ECF No. 32. The parties have been furnished a copy of the Report and Recommendation and have been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). No objection has been filed. Having considered the Report and Recommendation, and any objections thereto timely filed, I have deter
Summary: ORDER M. CASEY RODGERS , District Judge . This cause comes on for consideration upon the Chief Magistrate Judge's Report and Recommendation dated May 22, 2019. ECF No. 32. The parties have been furnished a copy of the Report and Recommendation and have been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). No objection has been filed. Having considered the Report and Recommendation, and any objections thereto timely filed, I have determ..
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ORDER
M. CASEY RODGERS, District Judge.
This cause comes on for consideration upon the Chief Magistrate Judge's Report and Recommendation dated May 22, 2019. ECF No. 32. The parties have been furnished a copy of the Report and Recommendation and have been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). No objection has been filed.
Having considered the Report and Recommendation, and any objections thereto timely filed, I have determined that the Report and Recommendation should be adopted.
Accordingly, it is now ORDERED as follows:
1. The Chief Magistrate Judge's Report and Recommendation is adopted and incorporated by reference in this order.
2. The petition for writ of habeas corpus is CONDITIONALLY GRANTED on the ineffective assistance of trial counsel claim presented in Ground Six, and Respondent is required to produce Petitioner in the state trial court, within 60 days, for a hearing to vacate Petitioner's conviction and sentence on Count II and take any other appropriate action.
3. The habeas petition is DENIED on all of Petitioner's other claims.
4. A certificate of appealability is DENIED.
DONE AND ORDERED.
