Pecci v. Figueroa et al

Filing 37

ORDER denying 35 Petitioner's Request to Enter Affidavits Into the Record Under Habeas Corpus Rule 7, by Magistrate Judge Kathleen M. Tafoya on 5/7/09.(gmssl, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Magistrate Judge Kathleen M. Tafoya Civil Action No. 08-cv-01235-ZLW-KMT JASON PECCI, Applicant, v. WARDEN BCCF, and THE ATTORNEY GENERAL OF THE STATE OF COLORADO, Respondents. ORDER This matter is before the court on Petitioner's "Request to Enter Affidavits Into the Record Under Habeas Corpus Rule 7" (Doc. No. 35) filed May 4, 2009. Petitioner seeks to expand the record to add "affidavits" of his parents. The court notes the "affidavits" are not sworn or notarized. Moreover, the court finds the "affidavits" contain only subjective statements. Strickland v. Washington, 466 U.S. 668 (1984), established standards a petitioner must satisfy to overcome the strong presumption of attorney competence. The Strickland test requires a showing of both deficient performance by counsel and prejudice to the petitioner as a result of the deficient performance. Strickland, 466 U.S. at 687. The "affidavits" have little, if any, relevance to the Strickland test.

Accordingly, Petitioner's "Request to Enter Affidavits Into the Record Under Habeas Corpus Rule 7" (Doc. No. 35) is DENIED. Dated this 7th day of May, 2009. BY THE COURT:

Kathleen M. Tafoya United States Magistrate Judge

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