Summary
rejecting petitioner's conclusory claim that counsel's failure to provide an opening statement implied a concession of guilt that prejudiced him
Summary of this case from Johnson v. GenoveseOpinion
Case No. 1:05CV1796.
November 8, 2006
MEMORANDUM OPINION AND ORDER
On July 15, 2005, Petitioner Jujuan Norman filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 challenging the constitutionality of his criminal conviction. This case was referred to Magistrate Judge Nancy A. Vecchiarelli for preparation of a report and recommendation pursuant to 28 U.S.C. § 636 and LR 72.1 (Dkt. # 4). On September 26, 2006, Magistrate Judge Vecchiarelli filed a report recommending that Petitioner's application for habeas corpus be denied (Dkt. # 19). On October 26, 2006, Petitioner filed objections to this recommendation (Dkt. # 22).
The Court has reviewed the report and recommendation of the Magistrate Judge, de novo. The Court finds that the report and recommendation (Dkt. # 19) is well-supported and that Petitioner's objections are without merit. Therefore, Magistrate Judge Vecchiarelli's report and recommendation is hereby ADOPTED and Petitioner's objections are overruled.
Accordingly, Petitioner's Writ of Habeas Corpus is DENIED. Furthermore, the court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal from this decision could not be taken in good faith, and that there is no basis upon which to issue a certificate of appealability. 28 U.S.C. § 2253(c); Fed.R.App.P. 22(b).
IT IS SO ORDERED.