Smith v. Cain et al

Filing 21

RULING Adopting 18 Report and Recommendations of the U.S. Magistrate Judge. Accordingly, petitioner's application for habeas corpus relief shall be DENIED as to Grounds 1 through 6. Further, counsel shall be appointed by the Magistrate Judge to represent petitioner, pursuant to Rule 8(c), Rules Governing Section 2254 Cases, and as provided by the CJA, 28 USC 3006(a)(2)(B). Newly appointed counsel shall move for an evidentiary hearing to be held on Ground 7, as described. Signed by Judge John V. Parker on 8/11/2009. (JDL, )

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