Opinion
Case No. 3:04-cv-1124-WKW.
May 11, 2007
ORDER
The Magistrate Judge filed a Recommendation (Doc. # 30) in this case to which timely objections have been made. Goodrich made four objections; however, the court need only address the second objection. Goodrich objects to the Recommendation in that it failed to address his claim that Newman was ineffective for failure to file a motion to sever in order to obtain the testimony of co-defendant Mark Turner regarding Turner's April 4, 2002 statement. This claim is meritless because Goodrich failed to show that his co-defendant would have actually testified at a separate trial. Thus, he has failed to demonstrate the prejudice necessary to succeed on a Strickland claim.
Strickland v. Washington, 466 U.S. 668 (1984).
Upon an independent and de novo review of the file in this case and upon consideration of the objection of the defendant and the Recommendation of the Magistrate Judge, it is ORDERED that
1. The objection (Doc. # 33) is OVERRULED;
2. The Recommendation (Doc. # 30) is ADOPTED;
3. The Motion to Vacate, Set Aside, or Correct Sentence (Doc. # 1) is DENIED; and
4. This case is DISMISSED with prejudice.
An appropriate judgment will be entered.