McClain v. Inserra

Filing 18

ORDER ADOPTING REPORT AND RECOMMENDATION: On 9/6/12, Magistrate Judge Orenstein recommended that the Court deny McClain's petition. Petitioner filed objections on 9/27/12. Having reviewed the record and petitioner's objections, I adopt the thorough Report and Recommendation and dismiss the petition. Forwarded for judgment. Ordered by Judge Raymond J. Dearie on 5/30/2013. (Chee, Alvin)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK -------------------------------------------------------- x RODERICK MCCLAIN, ORDER Petitioner, 10 CV 2303 (RJD) - againstSUPERINTENDENT THEODORE INSERRA, Respondent. -------------------------------------------------------- x DEARIE, District Judge Petitioner Roderick McClain was convicted in New York state court of second-degree assault and resisting arrest. McClain seeks a writ of habeas corpus under 28 U.S.C. ยง 2254 on the grounds that he was denied effective assistance of counsel and because, he alleges, the prosecutor did not preserve potentially exculpatory surveillance videotapes. This Court referred the petition to Magistrate Judge Orenstein for Report and Recommendation. On September 6, 2012, Magistrate Judge Orenstein recommended that the Court deny McClain's petition. Petitioner filed objections on September 27, 2012. Having reviewed the record and petitioner's objections, I adopt the thorough Report and Recommendation and dismiss the petition. SO ORDERED. Dated: Brooklyn, New York May ~~2013 /s/ Judge Raymond J. Dearie RA YMI0'ND~RIE \ United State tnct Judge

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