Opinion
No. 5:14-cv-439-DPM
10-20-2015
GAVINO PATRICK MAZUREK PETITIONER v. WENDY KELLEY, Director, Arkansas Department of Correction RESPONDENT
ORDER
Unopposed recommendation, No 9, adopted as supplemented. FED. R. CIV. P. 72(b) (1983 Addition to Advisory Committee Notes). The narrow exception created by Martinez and Trevino applies only to substantial claims of ineffective assistance of trial counsel. Martinez v. Ryan, 132 S. Ct. 1309, 1320 (2012); Trevino v. Thaler, 133 S. Ct. 1911, 1921 (2013). The exception doesn't apply to Mazurek's claim that the trial court erred in denying his Rule 26 motion. No 9 at 7-8. Mazurek's petition, No 1, will be dismissed with prejudice. No certificate of appealability will issue. 28 U.S.C. §2253(c)(1)-(2).
So Ordered.
/s/_________
D.P. Marshall Jr.
United States District Judge
20 October 2015