Summary
concluding that cross-examination of a witness would have allowed a defendant to discover allegedly suppressed evidence through the exercise of "reasonable diligence"
Summary of this case from Johnson v. FolinoOpinion
CIVIL ACTION NO. 06-4751.
September 5, 2007
ORDER
AND NOW, this 5th day of September, 2007, upon consideration of the pleadings and the record in this case, and after review of the Report and Recommendation of United States Magistrate Judge Timothy R. Rice dated July 30, 2007, and petitioner's Objections to the Magistrate's Report and Recommendation, IT IS ORDERED as follows:
1. The Report and Recommendation of United States Magistrate Judge Timothy R. Rice dated July 30, 2007, is APPROVED and ADOPTED;
2. Petitioner's Objections to Magistrate's Report and Recommendation are OVERRULED;
All of the Objections are addressed in the Report and Recommendation, and this Court agrees with what the Magistrate Judge stated about all such issues. In so ruling, this Court notes that, although not specifically mentioned by case name, the Magistrate Judge analyzed the issues presented under Giglio v. United States, 405 U.S. 150 (1972).
3. The Petition for Writ of Habeas Corpus under 28 U.S.C. § 2254 filed by petitioner, John Fell, is DENIED; and,
4. A certificate of appealability will not issue on the ground that petitioner has not made a substantial showing of a denial of a constitutional right as required under 28 U.S.C. § 2253(c)(2).