Opinion
Case No. 2:04-cv-1144.
April 20, 2006
OPINION AND ORDER
On March 20, 2006, the Magistrate Judge issued a Report and Recommendation recommending that claims one through four, and claim six be dismissed, and that respondent be directed to provide a copy of the state trial transcript in relation to claim five. Petitioner has filed objections to the Magistrate Judge's Report and Recommendation. Petitioner objects solely to the Magistrate Judge's recommendations on claims two, three, and six. Petitioner again raises all of the same arguments that were previously presented.
Pursuant to 28 U.S.C. 636(b)(1), this Court has conducted a de novo review of those portions of the Report and Recommendation objected to by petitioner. For the reasons discussed at length in the Magistrate Judge's Report and Recommendation, petitioner's objections are OVERRULED. The Report and Recommendation is ADOPTED and AFFIRMED. Claims one through four, and claim six are DISMISSED.
Respondent is DIRECTED to provide a copy of the state trial transcript within twenty (20) days of the date of this order so that the Court may determine whether petitioner can establish cause and prejudice for his procedural default of claim five.
IT IS SO ORDERED.