Collins v. Steele

Filing 29

ORDER IT IS HEREBY ORDERED that the Report and Recommendation of United StatesMagistrate Judge is sustained, adopted and incorporated herein. [Doc. 25]IT IS FURTHER ORDERED that Bobby Collins, Jr.s Petition for Writ of Habeas Corpus pursuant to Title 28 U.S.C. § 2254 is DENIED. [Doc. 1] IT IS FURTHER ORDERED that this matter is DISMISSED, with no further action to take place herein. An appropriate judgment will accompany this order. adopting Report and Recommendations re 25 Report and Recommendations. Signed by District Judge Charles A. Shaw on 2/25/14. (JWJ)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

BOBBY COLLINS, JR.,
Petitioner,
v.
TROY STEELE,
Respondent.

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No. 4:11-CV-328 CAS

ORDER
This matter is before the Court on state prisoner Bobby Collins, Jr.’s action pursuant to 28
U.S.C. § 2254. This case was referred to United States Magistrate Judge Terry I. Adelman for report
and recommendation on all dispositive matters and for final disposition on all non-dispositive
matters, pursuant to 28 U.S.C. § 636(b).
On January 30, 2014, Judge Adelman filed a Report and Recommendation of United States
Magistrate Judge which recommended that petitioner’s petition for writ of habeas corpus be
dismissed without further proceedings.
Petitioner filed timely objections to the Report and Recommendation, asserting that he was
denied his rights of due process and effective assistance of counsel when (1) his trial attorney did
not move for a mistrial when a juror disclosed the juror possibly knew the victim from the juror’s
work at a psychiatric hospital; and (2) his trial counsel failed to remove a juror when the juror told
the court that he knew one of the detectives involved in the case. Petitioner also objected to the
Report and Recommendation, stating generally that he was denied his rights to effective assistance
of counsel. The Court has carefully reviewed petitioner’s objections and the entire record of this

matter. Following de novo review, the Court concurs in the recommendation of the Magistrate
Judge. Petitioner’s objections are overruled.
Accordingly,
IT IS HEREBY ORDERED that the Report and Recommendation of United States
Magistrate Judge is sustained, adopted and incorporated herein. [Doc. 25]
IT IS FURTHER ORDERED that Bobby Collins, Jr.’s Petition for Writ of Habeas Corpus
pursuant to Title 28 U.S.C. § 2254 is DENIED. [Doc. 1]
IT IS FURTHER ORDERED that this matter is DISMISSED, with no further action to
take place herein.
An appropriate judgment will accompany this order.

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CHARLES A. SHAW
UNITED STATES DISTRICT JUDGE

Dated this

25th

day of February, 2014.

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