Summary
concluding that defense counsel's strategy of not objecting to the playing of messages containing racial epithets used by the defendant so as to not draw attention to them was not unreasonable
Summary of this case from Harrison v. Sec'y, Dep't of Corr.Opinion
CASE NO. 1:09cv171-MP-GRJ
09-18-2012
SCOTT KYLE PETTY, Petitioner, v. WALTER A. MCNEIL, Respondent.
ORDER
This cause comes on for consideration upon the magistrate judge's Report and Recommendation dated August 14, 2011. (Doc. 22). The parties have been furnished a copy of the Report and Recommendation and have been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). I have made a de novo determination of any timely filed objections.
Having considered the Report and Recommendation, and any objections thereto timely filed, I have determined that the Report and Recommendation should be adopted.
Accordingly, it is now ORDERED as follows:
1. The magistrate judge's Report and Recommendation is adopted and incorporated by reference in this order.
2. The petition for writ of habeas corpus (doc. 1) is DENIED and a certificate of appealability is DENIED pursuant to Rule 11(a) of the Rules Governing Section 2254 Cases in the U.S. District Courts.
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M. CASEY RODGERS
CHIEF UNITED STATES DISTRICT JUDGE