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. ยง 2253(c).
So Ordered.
D. P. Marshall Jr.
United States District Judge
-2-
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?