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)
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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?