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Crudupt v. Smeal

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


April 20, 2010

TIMOTHY CRUDUPT, PETITIONER
v.
PAUL SMEAL, PENNSYLVANIA ATTORNEY GENERAL'S OFFICE, AND MONROE COUNTY DISTRICT ATTORNEY'S OFFICE, RESPONDENTS

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

(Judge Conner)

ORDER

AND NOW, this 20th day of April, 2010, upon consideration of the report of the magistrate judge (Doc. 18), to which objections were filed (Doc. 21), recommending that the petition (Doc. 1) for habeas corpus filed pursuant to 28 U.S.C. § 2254 be denied, and, following an independent review of the record, it appearing that trial counsel's decision not to seek a bill of particulars did not cause petitioner prejudice at trial,*fn1 (see Doc. 18 at 24-25 (citing cases)), and that trial counsel's decision not to present certain audio recordings was not constitutionally deficient,*fn2 and it further appearing that petitioner has not objected to the magistrate judge's findings regarding the sufficiency of the evidence or the propriety of the Commonwealth's closing argument, (see Doc. 18 at 15-22; Doc. 21), and that there is no clear error on the face of the record with respect to these findings,*fn3 see Nara v. Frank, 488 F.3d 187, 194 (3d Cir. 2007) (explaining that "failing to timely object to [a report and recommendation] in a civil proceeding may result in forfeiture of de novo review at the district court level"), it is hereby ORDERED that:

1. The report (Doc. 18) of the magistrate judge is ADOPTED.

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

3. A certificate of appealability is DENIED. See 28 U.S.C. § 2253(c)(1).

4. The Clerk of Court is directed to CLOSE this case.


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