Notice: Eighth Circuit Rule 28a(k) Governs Citation of Unpublished Opinions and Provides That They Are Not Precedent and Generally Should Not Be Cited Unless Relevant to Establishing the Doctrines of Res Judicata, Collateral Estoppel, the Law of the Case, or if the Opinion Has Persuasive Value on a Material Issue and No Published Opinion Would Serve As Well.reginald Smith, Appellant, v. Roger Endell, Director, Arkansas Department of Correction, Appellee, 89 F.3d 841 (8th Cir. 1996)

In this habeas case brought under 28 U.S.C. § 2254(a), petitioner asserted six grounds in an effort to invalidate his state court conviction for first-degree murder. The magistrate judge¹  concluded that five of those claims were defaulted and that the defaults were not excused and that the sixth claim was not reviewable under the rule of Stone v. Powell, 428 U.S. 465 (1976). The district court²  adopted the findings and recommendations of the magistrate judge and dismissed the petition.

We have read the record carefully and discern no legal error or clearly erroneous factual finding. We affirm the judgment of the district court on the basis of the well-reasoned opinion of the magistrate judge.