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Curry v. Warden, Evans Correctional Institution

United States District Court, D. South Carolina, Greenville Division
Aug 21, 2008
CIVIL ACTION NO. 6:07-2933-HFF-WMC (D.S.C. Aug. 21, 2008)

Summary

finding the petitioner was not entitled to habeas relief on a claim of ineffective assistance of counsel for failure to object to the prosecutor's statement in closing argument where, inter alia, counsel testified as to his strategic reasons for not objecting

Summary of this case from Huckabee v. Stevenson

Opinion

CIVIL ACTION NO. 6:07-2933-HFF-WMC.

August 21, 2008


ORDER


This case was filed as a 28 U.S.C. § 2254 action. Petitioner is proceeding pro se. The matter is before the Court for review of the Report and Recommendation (Report) of the United States Magistrate Judge suggesting that Respondent's motion for summary judgment be granted and the petition be dismissed. The Report was made in accordance with 28 U.S.C. § 636 and Local Civil Rule 73.02 for the District of South Carolina.

The Magistrate Judge makes only a recommendation to this Court. The recommendation has no presumptive weight. The responsibility to make a final determination remains with the Court. Mathews v. Weber, 423 U.S. 261, 270 (1976). The Court is charged with making a de novo determination of those portions of the Report to which specific objection is made, and the Court may accept, reject, or modify, in whole or in part, the recommendation of the Magistrate Judge or recommit the matter with instructions. 28 U.S.C. § 636(b)(1).

The Magistrate Judge filed the Report on July 24, 2008, and the Clerk of Court entered Petitioner's objections to the Report on August 12, 2008.

After a thorough review of the Report, the objections thereto, and the record in this case pursuant to the standard set forth above, the Court overrules Petitioner's objections, finding them to be without merit and adopts the Report and incorporates it herein. Therefore, it is the judgment of this Court that Respondent's motion for summary judgment be GRANTED and the petition be DISMISSED with prejudice.

IT IS SO ORDERED.

NOTICE OF RIGHT TO APPEAL

The parties are hereby notified of the right to appeal this Order within 30 days from the date hereof, pursuant to Rules 3 and 4 of the Federal Rules of Appellate Procedure.


Summaries of

Curry v. Warden, Evans Correctional Institution

United States District Court, D. South Carolina, Greenville Division
Aug 21, 2008
CIVIL ACTION NO. 6:07-2933-HFF-WMC (D.S.C. Aug. 21, 2008)

finding the petitioner was not entitled to habeas relief on a claim of ineffective assistance of counsel for failure to object to the prosecutor's statement in closing argument where, inter alia, counsel testified as to his strategic reasons for not objecting

Summary of this case from Huckabee v. Stevenson

finding the petitioner was not entitled to habeas relief on claim of ineffective assistance of counsel for failure to object to prosecutor's statement in closing argument where, inter alia, counsel testified as to his strategic reasons for not objecting

Summary of this case from Singletary v. Warden

finding the petitioner was not entitled to habeas relief on claim of ineffective assistance of counsel for failure to object to prosecutor's statement in closing argument where, inter alia, counsel testified as to his strategic reasons for not objecting

Summary of this case from Boan v. Warden of Lee Corr. Inst.
Case details for

Curry v. Warden, Evans Correctional Institution

Case Details

Full title:SHANTONE CURRY, Petitioner, v. WARDEN, Evans Correctional Institution…

Court:United States District Court, D. South Carolina, Greenville Division

Date published: Aug 21, 2008

Citations

CIVIL ACTION NO. 6:07-2933-HFF-WMC (D.S.C. Aug. 21, 2008)

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