Opinion
CASE NO. 2:09-CV-230.
October 28, 2010
OPINION AND ORDER
On September 29, 2010, 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, the Court OVERRULES petitioner's objections, ADOPTS and AFFIRMS the Report and Recommendation. The Court hereby DISMISSES this action.
Petitioner objects to the Magistrate Judge's recommendation of dismissal of all of his claims. He again argues that the trial court sentenced him in violation of due process and the Ex Post Facto Clause, that he was denied the effective assistance of counsel because his attorney's failed to object or raise this issue on appeal, that he was denied a fair trial by admission of prior bad acts and evidence police unconstitutionally obtained.
Pursuant to 28 U.S.C. § 636(b), the Court has conducted a de novo review. For the reasons set forth in the Magistrate Judge's Report and Recommendation, this Court is likewise unpersuaded that any of petitioner's claims warrant federal habeas corpus relief. Therefore, the Court OVERRULES petitioner's objections, and ADOPTS and AFFIRMS the Report and Recommendation.
The Court hereby DISMISSES this action.