Summary
finding petitioner who claimed ineffective assistance for counsel's failure to retain an expert witness was unable to show prejudice because "he failed to identify an expert capable of testifying favorably on his behalf that would alter the outcome"
Summary of this case from Wilson v. HatchOpinion
CV 06-910 BB/CEG.
November 20, 2007
ORDER ADOPTING MAGISTRATE JUDGE'S PROPOSED FINDINGS AND RECOMMENDED DISPOSITION
The Magistrate Judge filed her Proposed Findings and Recommended Disposition on October 26, 2007. See Doc 20. The Proposed Findings and Recommended Disposition recommends that the Court deny Pierce's § 2254 petition and dismiss this case with prejudice. Id. Pierce filed objections to the Proposed Findings and Recommended Disposition on November 7, 2007. See Doc. 21. The Court has carefully reviewed Pierce's objections de novo and finds them to be not well taken.
Wherefore,
IT IS HEREBY ORDERED THAT:
1) the Magistrate Judge's Proposed Findings and Recommended Disposition (Doc. 20) are adopted;
2) the Application for Writ of Habeas Corpus (Doc. 1) is denied; and
3) civil case number 06-910 BB/CEG is dismissed with prejudice.