Opinion
CASE NO. C10-5226RBL/JRC.
October 8, 2010
ORDER ADOPTING REPORT AND RECOMMENDATION
The Court having reviewed the Report and Recommendation of the Hon. J. Richard Creatura, United States Magistrate Judge, objections to the Report and Recommendation [Dkt. #16], and the remaining record, does hereby find and Order:
(1) The Court adopts the Report and Recommendation;
(2) The first two grounds for relief are DISMISSED as procedurally barred. The remaining ground for relief is DENIED. Counsel was not ineffective.
(3) In accordance with Rule 11 of the Rules Governing Section 2254 Cases in the United States District Courts, a certificate of appealability is DENIED with respect to all claims asserted by petitioner in his habeas petition.
(4) The clerk is directed to send copies of this Order to Petitioner, and the Hon. J. Richard Creatura.
DATED this 8th day of October, 2010.