(HC) Shaw v. Campbell et al, No. 2:2005cv01506 - Document 86 (E.D. Cal. 2009)
Court Description: ORDER ADOPTING FINDINGS and RECOMMENDATIONS signed by Judge Morrison C. England, Jr on 1/9/09 ORDERING that the findings and recommendations 84 are ADOPTED in full; and Petitioner's claim alleging ineffective assistance of counsel based on counsel's failure to renew attempts to have impeachment witnesses testify after the victim testified that she did not engage in sex for drugs is DENIED, and all other claims are DENIED, and Judgment shall be entered. CASE CLOSED. (Becknal, R)
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(HC) Shaw v. Campbell et al Doc. 86 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DAVID SHAW, SR., 12 Petitioner, 13 14 No. 2:05-cv-01506-MCE-GGH P vs. ORDER ROSANNE CAMPBELL, et al., 15 Respondents. 16 / 17 Petitioner, a state prisoner proceeding through counsel, has filed an application for a writ 18 of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States 19 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local General Order No. 262. 20 On November 26, 2008, the magistrate judge filed findings and recommendations herein 21 which were served on petitioner and which contained notice to petitioner that any objections to 22 the findings and recommendations were to be filed within twenty days. Petitioner has filed 23 objections to the findings and recommendations. 24 /// 25 /// 26 /// 1 Dockets.Justia.com 1 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 72-304, 2 this court has conducted a de novo review of this case. Having carefully reviewed the entire file, 3 the court finds the findings and recommendations to be supported by the record and by proper 4 analysis. 5 Accordingly, IT IS HEREBY ORDERED that: 6 1. The findings and recommendations filed November 26, 2008, are adopted in full; and 7 2. Petitioner’s claim alleging ineffective assistance of counsel based on counsel’s failure 8 to renew attempts to have impeachment witnesses testify after the victim testified that she did not 9 engage in sex for drugs is denied, and all other claims are denied, and judgment shall be entered. 10 Dated: January 9, 2009 11 12 13 ________________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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