Rudolph v. State of Florida et al

Filing 23

ORDER adopting Magistrate Judge White's Report 21 and Closing Case. Signed by Judge Jose E. Martinez on 11/26/2008. (lc1)

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA Ft. Pierce Division Case Number:08-14045-CIV-MARTINEZ-WHITE WILBUR RUDOLPH, Petitioner, vs. JAMES A. MCNEIL, Respondent. _____________________________________/ ORDER ADOPTING MAGISTRATE JUDGE WHITE'S REPORT AND CLOSING CASE THE MATTER was referred to the Honorable Patrick A. White, United States Magistrate Judge for a Report on Petitioner's pro se petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. The Magistrate Judge filed a Report (D.E. No. 21), recommending that Petitioner's § 2254 petition be denied. The Court has reviewed the entire file and record and has made a de novo review of the issues that the Objections to Magistrate Judge White's Report present. The Objections repeat the arguments already addressed in Magistrate Judge White's well-reasoned Report.1 Thus, after careful consideration, it is hereby: ADJUDGED that United States Magistrate Judge White's Report (D.E. No. 21) is AFFIRMED and ADOPTED. Accordingly, it is

With regard to his first claim, Petitioner 's argument focuses more on counsel's failure to object to the hearsay evidence as a violation of the Confrontation Clause. This claim has already been sufficiently addressed by Magistrate Judge White, and the Court agrees that it is meritless. See (D.E. No. 21 at 10-11 n.8); see also Espy v. Massac, 443 F. 3d 1362, 1367 (11th Cir. 2006) (finding Crawford v. Washington, 541 U.S. 36 (2004) does not apply retroactively). In addition, Petitioner concedes in his Objections that his fourth claim is unexhausted.

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ADJUDGED that 1. Petitioner's pro se petition for writ of habeas corpus filed pursuant to 28 U.S.C. §

2254 is DENIED. 2. This Case is CLOSED and all pending motions are DENIED as MOOT.

DONE AND ORDERED in Chambers at Miami, Florida, this 26 day of November, 2008.

____________________________________ JOSE E. MARTINEZ UNITED STATES DISTRICT JUDGE Copies provided to: Magistrate Judge White All Counsel of Record Wilbur Rudolph, pro se

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