Opinion
CASE NO. 2:08-cv-195.
May 12, 2009
OPINION AND ORDER
On April 8, 2009, the Magistrate Judge issued a Report and Recommendation recommending that the instant petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254 be dismissed. Petitioner has filed objections to the Magistrate Judge's recommendations. Petitioner objects to the Magistrate Judge's recommendation of dismissal of claims three and four on the merits. He again raises all of the same arguments he previously presented.
Pursuant to 28 U.S.C. § 636(b), this Court has conducted a de novo review of the Magistrate Judge's Report and Recommendation. For the reasons already detailed therein, petitioner's arguments are not persuasive. This Court likewise concludes that petitioner has failed to establish that the state court's decision rejecting his claims was an contrary to or an unreasonable application of federal law as determined by the United States Supreme Court or resulted in a decision that was based on an unreasonable determination of the facts. 28 U.S.C. § 2254(d). Petitioner's objections are OVERRULED. The Report and Recommendation is ADOPTED and AFFIRMED. This action is hereby DISMISSED.