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Buda v. Stickman

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


March 14, 2007

EDWARD A. BUDA, PETITIONER
v.
WILLIAM S. STICKMAN, III, DISTRICT ATTORNEY OF WAYNE COUNTY, & THE ATTORNEY GENERAL OF PENNSYLVANIA, RESPONDENTS

The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 14th day of March, 2007, upon consideration of the report of the magistrate judge (Doc. 61)*fn1 , dated August 25, 2006, to which objections were filed (Doc. 64), and, following an independent review of the record, it appearing that trial counsel's performance did not fall below an objective standard of reasonableness, (see Doc. 61 at 27 (concluding that counsel's performance did not affect the outcome of the case); see also Holland v. Jackson, 542 U.S. 649, 654 (U.S. 2004) (stating that proof of ineffective assistance requires petitioner to "show that there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different"), that trial counsel appropriately advised petitioner that any available defenses were unlikely to prevail at trial,*fn2 and that the magistrate judge relied upon the state court's findings only for those aspects of the claim that had been fully developed in state court, see 28 U.S.C. § 2254(e)(1) (stating that, in certain circumstances, the court should hold an evidentiary hearing when the factual basis of a claim has not been developed in state court); (see also Doc. 61 at 23-24 (applying the factual findings of the evidentiary hearing to the components of the claim that had not been developed in state court)), it is hereby ordered that:

1. The report and recommendation of the magistrate judge (Doc. 61) is ADOPTED.

2. The petition for writ of habeas corpus (Doc. 1) is DENIED.

3. The Clerk of Court shall CLOSE this file.

CHRISTOPHER C. CONNER United States District Judge


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