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Lane v. Burnette

United States District Court, S.D. Georgia, Savannah Division
Nov 23, 2009
CASE NO. CV408-104 (S.D. Ga. Nov. 23, 2009)

Opinion

CASE NO. CV408-104.

November 23, 2009


ORDER


Before the Court is the Magistrate Judge's Report and Recommendation (Doc. 21), to which no objections have been filed. After a careful de novo review, the Court concurs with the Magistrate Judge's Report and Recommendation. Accordingly, the Court ADOPTS the same as its Opinion. The § 2254 Petition is DISMISSED and the Clerk of Court is DIRECTED to CLOSE THIS CASE.

Although not explicitly stated by the Magistrate Judge, the state judge's analysis of ineffective assistance of counsel based not only on Strickland v. Washington, 466 U.S. 668 (1984), but also the interpretation of that case in Morris v. State, 257 Ga. App. 169 (2002) is well established in this circuit and is clearly not contrary to, or an unreasonable application of, federal law. See, e.g., Forrest v. Fla. Dep't Corr., 2009 WL 2568185, at *3-*4 (11th Cir. Aug. 21, 2009) (unpublished), Ojeda v. Sec'y for Dep't of Corr., 279 Fed. App'x 953, 954-55 (11th Cir. 2008) (unpublished).

SO ORDERED.


Summaries of

Lane v. Burnette

United States District Court, S.D. Georgia, Savannah Division
Nov 23, 2009
CASE NO. CV408-104 (S.D. Ga. Nov. 23, 2009)
Case details for

Lane v. Burnette

Case Details

Full title:FREDRICK EARL LANE, Plaintiff, v. FRED BURNETTE, WARDEN, and THE ATTORNEY…

Court:United States District Court, S.D. Georgia, Savannah Division

Date published: Nov 23, 2009

Citations

CASE NO. CV408-104 (S.D. Ga. Nov. 23, 2009)