Unpublished Dispositionjeffrey Mcfadden, Petitioner-appellant, v. John M. Jabe, Respondent-appellee, 915 F.2d 1572 (6th Cir. 1990)

ORDER

This case has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit. Upon examination of the record and briefs, this panel unanimously agrees that oral argument is not needed. Fed. R. App. P. 34(a).

Jeffrey McFadden filed a habeas corpus action under 28 U.S.C. § 2254 in which he challenged the constitutionality of 1985 convictions for murder and possession of a firearm during the commission of a felony. The district court ultimately denied the relief sought and this appeal followed. McFadden has filed a brief without benefit of counsel and moves for in forma pauperis status.

Upon consideration, we find that the district court correctly denied habeas corpus relief. McFadden claimed that his trial counsel was constitutionally deficient for failing to challenge an eyewitness identification and for failing to impeach the testimony of the eyewitness with a prior inconsistency. We have examined the record and find these contentions to be meritless.

Accordingly, the motion is granted and the judgment is affirmed for the reasons set forth in the district court's memorandum opinion and order entered on December 22, 1989. Rule 9(b) (5), Rules of the Sixth Circuit.