Summary
rejecting habeas claim that counsel was ineffective for failing to object to the admission of photos of the assault victim taken immediately after she was released from the hospital
Summary of this case from Ewing v. SteeleOpinion
Case No. 4:05CV00403 ERW (TIA).
March 10, 2008
MEMORANDUM AND ORDER
This matter is before the Court upon the Report and Recommendation of United States Magistrate Terry I. Adleman [doc. #25] pursuant to 28 U.S.C. § 636(b). The Court notes that no objections were filed to the Report and Recommendation. After consideration of the issues, the Court hereby sustains, adopts, and incorporates herein the Magistrate's Report and Recommendation.
In addition, in order to issue a certificate of appealability "the applicant must make a substantial showing of the denial of a constitutional right," which the petitioner has not done in this case. See Slack v. McDaniel, 529 U.S. 473, 483 (2000); see also Langley v. Norris, 465 F.3d 861, 863 (8th Cir. 2006). Furthermore, the Court does not believe that reasonable jurists might find the Court's decision debatable or wrong, for purposes of issuing a certificate of appealability under 28 U.S.C. § 2253(c)(1)(A). Slack, 529 U.S. at 483-84. Therefore, the Court shall not issue a certificate of appealability as to any claim raised in the Petition.
Accordingly,IT IS HEREBY ORDERED that Petitioner Frederick Perkins' Petition for Writ of Habeas Corpus [doc. #1] is DENIED. IT IS FURTHER ORDERED that a Certificate of Appealability is DENIED.