Opinion
CASE NO. 2:10-cv-0337, CRIM. NO. 2:07-cr-0154(1).
September 8, 2010
OPINION AND ORDER
On August 6, 2010, the Magistrate Judge recommended that petitioner be appointed counsel to represent him at an evidentiary hearing on his claim of ineffective assistance of counsel based on his attorney's failure to file an appeal after being requested to do so. Although the parties were advised of the right to object to the Report and Recommendation, and of the consequences of failing to do so, no objections have been filed.
The Report and Recommendation is ADOPTED and AFFIRMED. Petitioner shall be appointed counsel to represent him at an evidentiary hearing, to be held before the Magistrate Judge, on his claim of ineffective assistance of counsel.
IT IS SO ORDERED.
Date: September 7, 2010