McHan v. Arkansas Board of Parole et al

Filing 15

ORDER: On further de novo review, the Court concludes that it made a mistake in its 14 Order filed today on the 12 Recommendation. The Magistrate Judge considered and addressed the Martinez/Trevino issue, No. 12 at 10 n.9. 12 Recommendation adopted in full. McHan's habeas petition will be dismissed with prejudice. No certificate of appealability will issue. Signed by Judge D. P. Marshall Jr. on 4/25/2017. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
LITTLE ROCK DIVISION
PETITIONER

ALBERT McHAN

v.

No. 4:16-cv-786-DPM

WENDY KELLEY, Director,
Arkansas Department of Correction

RESPONDENT

ORDER

On further de nova review, the Court concludes that it made a mistake
in its Order filed today, N2 14, on the recommendation, N2 12. The Magistrate
Judge considered and addressed the Martinez/Trevino issue, N2 12 at 10 n.9.
The Court overlooked this footnote. And McHan has not objected because the
Georgia records confirm that his aggravated assault conviction remained in
the books. N2 13. In these circumstances, McHan can't show the prejudice
needed to make out a substantial ineffective assistance claim; so

Martinez/Trevino provides him no help. Recommendation, N2 12, adopted in
full. McHan's habeas petition will be dismissed with prejudice. No certificate
of appealability will issue. 28 U.S.C. § 2253(c).

So Ordered.

D. P. Marshall Jr.
United States District Judge

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