Opinion
CIVIL ACTION NO. 10-1994 SECTION: "S" (3).
January 25, 2011
ORDER
The Court, having considered the petition, the record, the applicable law and the Report and Recommendation of the United States Magistrate Judge, and the petitioner's objection to the Magistrate Judge's Report and Recommendation, hereby approves the United States Magistrate Judge's findings that petitioner's claims should be dismissed on the merits because: (1) claims regarding alleged errors in state post-conviction proceedings are not cognizable in federal habeas corpus proceedings, Nichols v. Scott, 69, F.3d 1255, 1275 (5th Cir. 1995); (2) claims based on newly discovery evidence are not cognizable in federal habeas corpus proceedings, Moore v. Dempsey, 43 S.Ct. 265 (1923); and, (3) petitioner's trial counsel was not ineffective because there is no reason to believe that it would have been possible for counsel to discover the previously unknown witnesses at the time of the trial when the police could not locate them after searching the area surrounding the incident. The court adopts those findings as its opinion. IT IS ORDERED that the federal petition of Sylvester Rollins for habeas corpus relief is DISMISSED WITH PREJUDICE.
New Orleans, Louisiana, this 25th day of January, 2011.