JOHN SEDWICK, District Judge
Ruben Nino has asked the court to issue a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The issues were briefed, and Magistrate Judge Pyle filed a report at docket 26 in which he recommends that petitioner's claim of ineffective assistance from his lawyer be dismissed as unexhausted and procedurally barred, and that his Blakely claim be denied on the merits. No objections have been filed.
When reviewing a recommendation from a magistrate judge in a case such as this, the district court reviews all recommended findings of fact as to which an objection is taken and all recommended conclusions of law de novo. The district court reviews all other recommended findings of fact for clear error. Having applied the standards just recited, this court concludes that the magistrate judge's recommendations are in all respects correct. This court adopts them. Based thereon, the claim of ineffective assistance of counsel is dismissed as procedurally barred, and the Blakely claim is denied on its merits.
For the reasons above, the petition is DENIED, and all claims made by Nino are DISMISSED with prejudice.
The status motion filed by Nino at docket 24 is DENIED as moot.
The Clerk will please close this file.