Brown v. Warden, Noble Correctional Institution

Filing 25

ORDER adopting Report and Recommendations re 21 Report and Recommendations. Signed by Judge James L. Graham on 10/21/2015. (ds)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
IRVIN M. BROWN,
Petitioner,
Case No. 2:14-cv-00813
Judge Graham
Magistrate Judge King

v.
WARDEN, NOBLE
CORRECTIONAL INSTITUTION,
Respondent.

ORDER
On September 8, 2015, the Magistrate Judge recommended that most of the claims
asserted in this action for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 be dismissed as
procedurally defaulted and that his claim of prosecutorial misconduct be dismissed as without
merit. Report and Recommendation, ECF No. 21. Petitioner objects to that recommendation as it
relates to his claim of prosecutorial misconduct. Objection, ECF No. 24. Petitioner raises all of
the same arguments presented to and rejected by the Magistrate Judge, and he also argues that
cumulative error denied him a fair trial.
Pursuant to 28 U.S.C. § 636(b), this Court has conducted a de novo review. For the
reasons detailed in the Magistrate Judge’s Report and Recommendation, ECF No. 21,
Petitioner’s Objection, ECF No. 24, is OVERRULED. The Report and Recommendation, ECF
No. 21, is ADOPTED and AFFIRMED. This action is hereby DISMISSED.
The Clerk is DIRECTED to enter FINAL JUDGMENT.
Date: October 21, 2015

s/James L. Graham
______________________________
JAMES L. GRAHAM
United States District Judge