Mikell v. Terry

Filing 17

ORDER adopting 15 Final Report and Recommendation, the Petition is DENIED and Certificate of Appealability is GRANTED on the issues of whether Petitioner is entitled to any relief on account of trial counsel's failure to adduce the testimony of Patel and Magby, and/or whether such claim is procedurally barred. Signed by Judge Thomas W. Thrash, Jr on 12/12/12. (dr)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
JOSEPH P. MIKELL,
Petitioner,
v.

CIVIL ACTION FILE
NO. 1:10-CV-735-TWT

WILLIAM M. TERRY
Warden,
Respondent.

ORDER

This is a pro se habeas corpus action by a state prisoner serving a life sentence
for the murder of his wife. It is before the Court on the Report and Recommendation
[Doc. 15] of the Magistrate Judge recommending that the Petition be dismissed. The
Petitioner’s claims that trial counsel and appellate counsel rendered ineffective
assistance of counsel by not discovering the two “newly” discovered witnesses are
without merit for the reasons set forth in the thorough and well-reasoned Report and
Recommendation. The Court approves and adopts the Report and Recommendation
as the judgment of the Court. The Petition is DENIED. A Certificate of Appealability
is granted on the issues of whether Petitioner is entitled to any relief on account of
trial counsel’s failure to adduce the testimony of Patel and Magby (including the
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information provided in their 2007 affidavits), and/or whether such claim is
procedurally barred.
SO ORDERED, this 12 day of December, 2012.

/s/Thomas W. Thrash
THOMAS W. THRASH, JR.
United States District Judge

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