Opinion
Civil Action 20-00616-BAJ-SDJ
09-29-2023
MICHAEL HERBERT #263630 v. DARREL VANNOY, ET AL.
RULING AND ORDER
BRIANA. JACKSON UNITED STATES DISTRICT COURT JUDGE
Before the Court is Petitioner's Petition Under 28 U.S.C. § 2254 For Writ Of Habeas Corpus By A Person In State Custody (Doc. 1). The Petition is opposed. (Doc. 10).
On September 14, 2023, the Magistrate Judge issued a Report and Recommendation (Doc. 17, the “Report”), recommending that Petitioner's challenge to certain statements admitted at trial do not establish a colorable federal claim for relief; that Plaintiffs' remaining claims of insufficiency of evidence supporting his conviction, prosecutorial misconduct, and ineffective assistance of trial and appellate counsel fail on the merits; that the Petition be dismissed with prejudice, and that the Court deny Petitioner a certificate of appealability. Petitioner objects. (Doc. 19). There is no need for oral argument or an evidentiary hearing.
Upon de novo review, and having carefully considered the Petition, the State's opposition, the state court record, Petitioner's objections, and related pleadings, the Court APPROVES the Magistrate Judge's Report and ADOPTS it as the Court's opinion in this matter.
Accordingly,
IT IS ORDERED that Petitioner's Petition Under 28 U.S.C. § 2254 For Writ Of Habeas Corpus By A Person In State Custody (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.