From Casetext: Smarter Legal Research

Ralbovsky v. Kane

United States District Court, C.D. California
Dec 14, 2005
Case No. SACV 04-1041-CJC (RC) (C.D. Cal. Dec. 14, 2005)

Summary

stating petitioner had not shown counsel was ineffective for failing to advise him prior strike conviction was invalid when petitioner had not shown strikes were in fact invalid

Summary of this case from United States v. Maya-Cruz

Opinion

Case No. SACV 04-1041-CJC (RC).

December 14, 2005


ORDER ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE


Pursuant to 28 U.S.C. Section 636, the Court has reviewed the Petition and other papers along with the attached Report and Recommendation of United States Magistrate Judge Rosalyn M. Chapman, as well as petitioner's objections, and has made a de novo determination.

IT IS ORDERED that (1) the Report and Recommendation is approved and adopted; (2) the Report and Recommendation is adopted as the findings of fact and conclusions of law herein; and (3) Judgment shall be entered denying the petition for writ of habeas corpus and dismissing the action with prejudice.

IT IS FURTHER ORDERED that the Clerk shall serve copies of this Order, the Magistrate Judge's Report and Recommendation and Judgment by the United States mail on the parties.


Summaries of

Ralbovsky v. Kane

United States District Court, C.D. California
Dec 14, 2005
Case No. SACV 04-1041-CJC (RC) (C.D. Cal. Dec. 14, 2005)

stating petitioner had not shown counsel was ineffective for failing to advise him prior strike conviction was invalid when petitioner had not shown strikes were in fact invalid

Summary of this case from United States v. Maya-Cruz

In Ralbovsky, the court reviewed petitioner's ineffective assistance claim with substantial deference pursuant to the Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA"), and denied the claim on the grounds that the relevant state court decision was neither contrary to, nor an unreasonable application of, controlling Supreme Court precedent.

Summary of this case from Naranjo v. Beard
Case details for

Ralbovsky v. Kane

Case Details

Full title:TIMOTHY PETER RALBOVSKY, aka JAMES J. RALBOVSKI, aka JAMES J. RALBOVSKY…

Court:United States District Court, C.D. California

Date published: Dec 14, 2005

Citations

Case No. SACV 04-1041-CJC (RC) (C.D. Cal. Dec. 14, 2005)

Citing Cases

United States v. Maya-Cruz

Movant does not present any evidence, not even his own declaration, suggesting that counsel in the state…

Naranjo v. Beard

Respondent contends "there is a reasonable chance it will prevail on the merits" of its appeal before the…