Opinion
CASE NO. 2:09-cv-00291.
December 23, 2010
OPINION AND ORDER
On October 12, 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. He objects to the Magistrate Judge's recommendation of dismissal of his claim of prosecutorial misconduct as procedurally defaulted and argues that he was denied a fair trial by admission of prejudicial gang testimony. He contends that the ineffective assistance of counsel constitutes cause for his procedural default. Petitioner additionally objects to the Magistrate Judge's recommendation of dismissal of his claim of insufficiency of the evidence. He again raises all of the arguments he previously presented.
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 has failed to establish that habeas corpus relief is warranted.
Petitioner's objections are OVERRULED. The Report and Recommendation is ADOPTED and AFFIRMED. This action is hereby DISMISSED.