Opinion
CASE NO. 2:13-CV-00736
11-12-2014
BRADFORD S. DAVIC, Petitioner, v. WARDEN, TRUMBULL CORRECTIONAL INSTITUTION, Respondent.
Magistrate Judge Elizabeth A. Preston Deavers
OPINION AND ORDER
On October 17, 2014, 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. Petitioner has filed an Objection to the Magistrate Judge's Report and Recommendation.
Petitioner objects to the recommendation of dismissal of his claim that he did not knowingly, intelligently or voluntarily enter a guilty plea due to an off-the-record promise that he would be sentenced to ten years to life in prison and would be eligible for parole after ten years. Petitioner acknowledges that he did not raise this purported promise when the trial judge asked if there were any other promises made to him that were not in the written plea agreement. Petitioner nonetheless contends that the prosecutor, too, did not disclose a promise because he had not yet revealed that he had agreed to dismiss one of the charges as well as the sexually-violent predator specifications. Petitioner also points to the fact that his attorney stated at sentencing that they anticipated a sentence of ten years to life.
Despite Petitioner's protestations to the contrary, however, for the reasons already detailed in the Magistrate Judge's Report and Recommendation, the record contradicts, rather than lends support to Petitioner's claim.
Pursuant to 28 U.S.C. § 636(b), this Court has conducted a de novo review. Petitioner's Objection, ECF 10, is OVERRULED. The Report and Recommendation, ECF 8, is ADOPTED and AFFIRMED. This action is hereby DISMISSED.
IT IS SO ORDERED.
/s/ Gregory L. Frost
GREGORY L. FROST
United States Magistrate Judge