Shipman v. Perry

Filing 11

ORDER APPROVING AND ADOPTING 8 Final Report and Recommendation. The Petition is DISMISSED. No Certificate of Appealability will be issued. Signed by Judge Thomas W. Thrash, Jr. on 7/19/18. (jkl)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
GEORGE SHIPMAN, III,
Petitioner,
v.

CIVIL ACTION FILE
NO. 1:18-CV-607-TWT

CLINTON PERRY,
Respondent.
ORDER
This is a habeas corpus action by a state prisoner. It is before the Court
on the Report and Recommendation [Doc. 8] of the Magistrate Judge
recommending dismissing the Petition. The Petitioner’s Objections to the Report
and Recommendation are without merit. The state habeas corpus court did not
err in finding that the Petitioner had not shown that he would have gone to trial
but for counsel’s ineffective representation. There was no prosecutorial
misconduct. It is not grounds for habeas relief that the prospect of getting
convicted of the crimes put the Petitioner in an “untenable” position. The Court
approves and adopts the Report and Recommendation as the judgment of the
Court. The Petition is DISMISSED. No Certificate of Appealability will be
issued.

T:\ORDERS\18\Shipman\r&r.wpd

SO ORDERED, this 19 day of July, 2018.

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

T:\ORDERS\18\Shipman\r&r.wpd

-2-