From Casetext: Smarter Legal Research

Jordan v. Warden, Lebanon Correctional Institution

United States District Court, S.D. Ohio, Eastern Division
Jan 5, 2010
CASE NO. 2:08-CV-0632 (S.D. Ohio Jan. 5, 2010)

Opinion

CASE NO. 2:08-CV-0632.

January 5, 2010


ORDER


On December 2, 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. Petitioner has filed objections to the Magistrate Judge's Report and Recommendation. For the reasons that follow, petitioner's objections are OVERRULED, The Report and Recommendation is ADOPTED and AFFIRMED. This action is hereby DISMISSED.

Petitioner objects to all of the Magistrate Judge's recommendations. He again raises all of the same arguments he previously presented. Petitioner contends that the prosecutor exhibited an "ongoing strategy to bolster the statements of two unreliable complainants," Objections, at 4, and that he thereby was denied a fair trial. Petitioner contends that the prosecutor's violation of Ohio's rape shield law must be considered in the context of his claim of prosecutorial misconduct, and that he was denied due process, his right to confront his accusers, and the effective assistance of counsel. Id., at 8-11.

However, for the reasons detailed in the Magistrate Judge's Report and Recommendation, petitioner's claim of prosecutorial misconduct based on the prosecutor's alleged violation of Ohio's rape shield law, as well as his claim of ineffective assistance of counsel based on his attorney's failure to object, are procedurally defaulted. Further, after careful review of the entire record, and for the reasons discussed in the Magistrate Judge's Report and Recommendation, this Court likewise concludes that petitioner's claims are waived or fail to provide a basis for habeas corpus relief. See 28 U.S.C. § 2254(d); Williams v. Taylor, 529 U.S. 362 (2000).

Pursuant to 28 U.S.C. § 636(b), this Court has conducted a de novo review. For the reasons detailed in the Magistrate Judge's Report and Recommendation, petitioner's objections are OVERRULED. The Report and Recommendation is ADOPTED and AFFIRMED. This action is hereby DISMISSED.

IT IS SO ORDERED.


Summaries of

Jordan v. Warden, Lebanon Correctional Institution

United States District Court, S.D. Ohio, Eastern Division
Jan 5, 2010
CASE NO. 2:08-CV-0632 (S.D. Ohio Jan. 5, 2010)
Case details for

Jordan v. Warden, Lebanon Correctional Institution

Case Details

Full title:ERIC SEAN JORDAN, Petitioner, v. WARDEN, LEBANON CORRECTIONAL INSTITUTION…

Court:United States District Court, S.D. Ohio, Eastern Division

Date published: Jan 5, 2010

Citations

CASE NO. 2:08-CV-0632 (S.D. Ohio Jan. 5, 2010)

Citing Cases

Jordan v. Richard

On January 5, 2010, final judgment was entered dismissing that action. Jordan v. Warden, Lebanon Correctional…