Shaw v. Campbell et al

Filing 86

ORDER ADOPTING FINDINGS and RECOMMENDATIONS signed by Judge Morrison C. England, Jr on 1/9/09 ORDERING that the findings and recommendations 84 are ADOPTED in full; and Petitioner's claim alleging ineffective assistance of counsel based on counsel's failure to renew attempts to have impeachment witnesses testify after the victim testified that she did not engage in sex for drugs is DENIED, and all other claims are DENIED, and Judgment shall be entered. CASE CLOSED. (Becknal, R)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 vs. ROSANNE CAMPBELL, et al., Respondents. / Petitioner, a state prisoner proceeding through counsel, has filed an 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 General Order No. 262. On November 26, 2008, the magistrate judge filed findings and recommendations herein which were served on petitioner and which contained notice to petitioner that any objections to the findings and recommendations were to be filed within twenty days. Petitioner has filed objections to the findings and recommendations. /// /// /// 1 DAVID SHAW, SR., Petitioner, ORDER No. 2:05-cv-01506-MCE-GGH P IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 72-304, 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 November 26, 2008, are adopted in full; and 2. Petitioner's claim alleging ineffective assistance of counsel based on counsel's failure to renew attempts to have impeachment witnesses testify after the victim testified that she did not engage in sex for drugs is denied, and all other claims are denied, and judgment shall be entered. Dated: January 9, 2009 ________________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE

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