Opinion
4:20cv560-MW/MAF
01-20-2022
WILMARIO DEVONDRIC TRUEBLOOD, Petitioner, v. RICKY D. DIXON, [1] Respondent.
ORDER ACCEPTING REPORT AND RECOMMENDATION
MARK E. WALKER CHIEF UNITED STATES DISTRICT JUDGE
This Court has considered, without hearing, the Magistrate Judge's Report and Recommendation, ECF No. 20, and has also reviewed de novo Petitioner's objections, ECF No. 27. This Court notes that Petitioner's objection that his counsel's Rule 3.850 hearing testimony contradicted her motion for psychiatric evaluation is belied by the record, in which defense counsel explained to the court, at the time her motion for a second competency evaluation was pending, that “what [she] wanted was really a mitigation specialist, ” and she felt like she “really didn't have a choice but to [file her motion for a second competency evaluation.]” ECF No. 11-1 at 246-47. Accordingly, IT IS ORDERED:
The report and recommendation, ECF No. 20, is accepted and adopted, over the Petitioner's objections, as this Court's opinion. The Clerk shall enter judgment stating, “The petition for writ of habeas corpus, ECF No. 1, is DENIED.” A certificate of appealability is DENIED. The Clerk shall close the file.
SO ORDERED