Opinion
Civil Action 20-00579-BAJ-EWD
08-24-2023
CECIL BEALS #211347 v. DARREL VANNOY, ET AL.
RULING AND ORDER
BRIAN A. JACKSON, JUDGE
Before the Court is Petitioner's Petition For Federal Habeas Corpus Pursuant to 28 U.S.C. § 2254 (Doc. 1). The Petition is opposed. (Doc. 10).
On July 28, 2023, the Magistrate Judge issued a Report and Recommendation (Doc. 23, the “R&R”), finding Petitioner's Petition is timely, and that Petitioner's constitutional claims are exhausted, but recommending that Petitioner's claims-consisting of three claims of ineffective assistance of counsel- fail on the merits. Further, the R&R recommends denying Petitioner a certificate of appealability. Petitioner objects to the R&R. (Doc. 16).
Upon de novo review, and having carefully considered Petitioner's Petition, the State's opposition, the state court record, Petitioner's objections, and related filings, the Court APPROVES the R&R and ADOPTS it as the Court's opinion in this matter.
Accordingly, IT IS ORDERED that Petitioner's Petition For Federal Habeas Corpus Pursuant to 28 U.S.C. § 2254 (Doc. 1) be and is hereby DENIED.
IT IS FURTHER ORDERED that the above-captioned action be and is hereby DISMISSED WITH PREJUDICE.
IT IS FURTHER ORDERED that, in the event Petitioner pursues an appeal in this case, a certificate of appealability be and is hereby DENIED because reasonable jurists would not debate the denial of Petitioner's Petition or the correctness of the Court's substantive rulings.
Judgement shall be entered separately.