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Boynton v. Cameron

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


June 11, 2009

BENJAMIN BOYNTON, JR., PETITIONER
v.
KENNETH CAMERON; ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA, RESPONDENTS

The opinion of the court was delivered by: Christopher C. Conner United States District Judge

(Judge Conner)

ORDER

AND NOW, this 11th day of June, 2009, upon consideration of the report and recommendation of the magistrate judge (Doc. 8), recommending that the petition for writ of habeas corpus (Doc. 1) be denied, to which no objections were filed, and, following an independent review of the record, it appearing that petitioner's claims of ineffective assistance of counsel are procedurally defaulted,*fn1 see Coleman v. Thompson, 501 U.S. 722, 750 (1991) ("In all cases in which a state prisoner has defaulted his federal claims in state court pursuant to an independent and adequate state procedural rule, federal habeas review of the claims is barred unless the prisoner can demonstrate cause for the default and actual prejudice as a result of the alleged violation of federal law, or demonstrate that failure to consider the claims will result in a fundamental miscarriage of justice."), and that petitioner has established neither "cause and prejudice" nor a "fundamental miscarriage of justice" sufficient to permit the court to reach the merits of his defaulted claims,*fn2 it is hereby ORDERED that:

1. The report and recommendation of the magistrate judge (Doc. 8) is ADOPTED.

2. The petition for writ of habeas corpus (Doc. 1) is DENIED. See 28 U.S.C. § 2254(b)(1)(A).

3. A certificate of appealability is DENIED. See 28 U.S.C. § 2253(c).

4. The Clerk of Court shall CLOSE this file.


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