Sanchez-Diaz v. Wallace

Filing 24

ORDER -....IT IS HEREBY ORDERED that the Report and Recommendation of United States Magistrate Judge is sustained, adopted and incorporated herein. [Doc. 20] IT IS FURTHER ORDERED that petitioner Marco Sanchez-Diaz's Petition fo r 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. for 20 Report and Recommendations,, 1 Petition for Writ of Habeas Corpus filed by Marco Sanchez-Diaz. Signed by District Judge Charles A. Shaw on 2/28/2017. (MRC)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

MARCO SANCHEZ-DIAZ,
Petitioner,
v.
IAN WALLACE,
Respondent.

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No. 4:14-CV-185 CAS

ORDER
This matter is before the Court on state prisoner Marco Sanchez-Diaz’s action pursuant to
28 U.S.C. § 2254. This case was referred to United States Magistrate Judge Abbie Crites-Leoni 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 27, 2017, Judge Crites-Leoni filed a Report and Recommendation of United
States Magistrate Judge which recommended that Sanchez-Diaz’s petition for writ of habeas corpus
be denied. Petitioner was granted an extension of time and then filed timely objections to the Report
and Recommendation. Petitioner’s objections merely reiterate the argument made in support of his
claim in the Petition that the trial court erred in failing to sua sponte declare a mistrial after two
witnesses testified that victim M.L. suffered from PTSD.
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, as
contained in the well-reasoned and thorough Report and Recommendation. Petitioner’s objections
are without merit and are overruled.

Accordingly,
IT IS HEREBY ORDERED that the Report and Recommendation of United States
Magistrate Judge is sustained, adopted and incorporated herein. [Doc. 20]
IT IS FURTHER ORDERED that petitioner Marco Sanchez-Diaz’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.

__________________________________
CHARLES A. SHAW
UNITED STATES DISTRICT JUDGE

Dated this 28th day of February, 2017.

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