Opinion
CASE NO. 2:07-cv-667.
April 4, 2009
OPINION AND ORDER
On March 17, 2009, the Magistrate Judge issued a Report and Recommendation recommending that the instant petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 be dismissed. Although the parties were advised of the right to object to the Magistrate Judge's 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. Counsel has been appointed for petitioner Barnett; and the Magistrate Judge will hold an evidentiary hearing on petitioner's claims that he was denied the effective assistance of counsel and his right to appeal when his attorney failed to file a timely appeal after being requested to do so.