Opinion
No. 1:13-cv-302-SU
02-04-2014
BRIAN PATRICK ARNOLD, Petitioner, v. RICK ANGELOZZI, Respondent.
ORDER
PANNER, District Judge:
Magistrate Judge Patricia Sullivan filed Findings and Recommendation, and the matter is now before this court. See 28 U.S.C. § 636(b)(1)(B), Fed. R. Civ. P. 72(b). Although no objections have been filed, this court reviews legal principles novo. See Lorin Corp. v Goto & Co., Ltd., 700 F.2d 1202, 1206 (8th Cir. 1983).
In this petition under 28 U.S.C. § 2254, petitioner challenges his conviction for second-degree robbery. I agree with the Findings and Recommendation that the petition must be dismissed because petitioner procedurally defaulted on his claims. Petitioner has not shown cause or prejudice for his default, or a fundamental miscarriage of justice. I adopt the Findings and Recommendation.
CONCLUSION
Magistrate Judge Sullivan's Findings and Recommendation (#17) is adopted. The petition (#2) is dismissed.
IT IS SO ORDERED.
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OWEN M. PANNER
U.S. DISTRICT JUDGE