Opinion
CASE NO. 2:12-CV-154
05-08-2013
WILLIAM T. ALLEN, Petitioner, v. WARDEN, TOLEDO CORRECTIONAL INSTITUTION, Respondent.
Judge Sargus
Magistrate Judge King
ORDER
On December 7, 2012, the United States Magistrate Judge issued a Report and Recommendation recommending that the petition for a writ of habeas corpus be dismissed, reasoning that petitioner's claims were defaulted or were without merit. Report and Recommendation, Doc. No. 18. Petitioner has filed objections to that recommendation. Objection, Doc. No. 23. Petitioner has also asked that counsel be appointed for him. Motion to Appoint Counsel, Doc. No. 22.
Petitioner asks that this Court conduct a "plain error" review of his defaulted claims. However, this Court is without authority to consider procedurally defaulted claims - whether for plain error or otherwise. See Murray v. Carrier, 477 U.S. 478, 485 (1986).
Petitioner also raises all of the same arguments that he previously presented. See Objection. For the reasons already detailed in the Magistrate Judge's exhaustive Report and Recommendation, petitioner's objection are OVERRULED.
The Report and Recommendation, Doc. No. 18, is ADOPTED and AFFIRMED. This action is hereby DISMISSED.
Petitioner's request for the appointment of counsel, ECF No. 22, is DENIED.
The Clerk is DIRECTED to enter FINAL JUDGMENT in this case.
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EDMUND A. SARGUS, JR.
United States District Judge