rejecting petitioner's argument that "had defense counsel obtained a voice comparison, the victim would not have been able to identify him as the assailant . . . too speculative to support a claim of ineffective assistance of counsel"Summary of this case from Clayburn v. Clarke
CIVIL ACTION NO. G-04-729.
August 31, 2006
Before the Court is the Report and Recommendation of the United States Magistrate Judge that was entered on August 2, 2006. Petitioner has filed his Objections to the Report and Recommendation in a timely manner. Respondent filed no objections.
Having given this matter de novo review under 28 U.S.C. § 636(b)(1)(C), this Court finds that the Report and Recommendation is correct and it is, therefore, ACCEPTED by this Court in its entirety and incorporated by reference herein.
Accordingly, it is ORDERED that Petitioner's "Motion/Request for Reconsideration of the Denial of His Second Motion for Evidentiary Hearing" (Instrument No. 26) is DENIED. It is further ORDERED that the Respondent's Motion for Summary Judgment (Instrument No. 15) is GRANTED and the Petition for a Writ of Habeas Corpus of Randy Edward Goodrum (Instrument No. 1) is DISMISSED. DONE at Galveston, Texas.