RUSH v. MCNEIL

Filing 28

ORDER accepting 24 Report and Recommendation. Signed by SENIOR JUDGE MAURICE M PAUL on 3/27/2013. The Petition for a Writ of Habeas Corpus, Doc. 1 , is DENIED, and a certificate of appealability is DENIED. (kdm)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION
ALLAN MICHAEL RUSH,
Petitioner,
v.

CASE NO. 4:09-cv-00470-MP-GRJ

WALTER A MCNEIL, KENNETH S TUCKER,
Respondents.
_____________________________/
ORDER
This matter is before the Court on Doc. 26, Report and Recommendation of the
Magistrate Judge, recommending that the petition at Doc. 1 be denied in its entirety. In Doc. 27,
petitioner objected only to claim number 3. The Court has made a de novo determination of
those portions of the Report and Recommendation to which objection was made. 28 U.S.C. §
636(b)(1)(C). Upon consideration, the Court agrees with the Magistrate Judge that the state
court was not unreasonable in finding that trial counsel's strategy of not subjecting petitioner to
cross-examination but instead pointing to the lack of direct evidence of non-consent was
reasonable under the circumstances. Thus, counsel was not ineffective in this or any other
capacity. It is hereby
ORDERED AND ADJUDGED:
The Report and Recommendation of the Magistrate Judge, Doc. 24, is accepted and
incorporated by reference. The the Petition for a Writ of Habeas Corpus, Doc. 1, is DENIED,
and a certificate of appealability is DENIED.
DONE AND ORDERED this 27th day of March, 2013

s/Maurice M. Paul
Maurice M. Paul, Senior District Judge