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Turner v. Barone

February 23, 2010

NATHANIEL TURNER
v.
MICHAEL C. BARONE, ET AL.



The opinion of the court was delivered by: Mary A. McLAUGHLIN, J.

ORDER

AND NOW, this 23rd day of February, 2010, upon careful and independent consideration of the Petition for Writ of Habeas Corpus (Docket No. 4) and the Response (Docket No. 24), and after review of the Report and Recommendation of United States Magistrate Judge Linda K. Caracappa (Docket No. 26), and the petitioner's Objections thereto (Docket No. 31), IT IS HEREBY ORDERED that:

1. The petitioner's Objections are OVERRULED.

2. The Report and Recommendation is APPROVED and ADOPTED.

3. The Petition for Writ of Habeas Corpus is DENIED.

4. There is no basis for the issuance of a certificate of appealability.

The report and recommendation of Magistrate Judge Caracappa concludes that the petition for writ of habeas corpus in this case should be dismissed and denied. Petitioner Nathaniel Turner has filed timely objections.

The report and recommendation found, and the petitioner does not contest, that the petition brings ten separate claims:

1. Petitioner was denied a full and fair review on appeal;

2. Trial court abused it's discretion in refusing counsel's request for a lineup;

3. Trial counsel was ineffective for failing to address Ms. Potaet's identification of petitioner;

4. Trial counsel was ineffective for failing to motion for the suppression of Ms. Potaet's identification of petitioner;

5. Trial counsel was ineffective for advising petitioner not to testify;

6. Trial counsel was ineffective for failing to object to the jury charge on ...


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