TUCKER v. HOUK

EDMUND SARGUS JR., District Judge

On August 15, 2005, the Magistrate Judge issued a Report and Recommendation recommending that the petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 be dismissed. On September 16, 2005, petitioner filed objections to the Report and Recommendation. Petitioner objects to all of the Magistrate Judge's conclusions, except that he now withdraws claims seven and eight from federal habeas corpus review. As to the remainder of his claims, petitioner again raises all of the same arguments that were previously presented.

In May 2000, petitioner Kenneth Tucker convicted following a jury trial for aggravated murder, attempted aggravated murder, and aggravated robbery. The petition alleges that Tucker was denied a fair trial due to admission of evidence seized in violation of the Fourth Amendment, prosecutorial misconduct, admission of prior bad acts evidence, a spectator's outburst during the mitigation phase of the trial, use of an impermissibly unreliable identification by the victim, and the trial court's refusal to grant petitioner's request for a continuance.

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. This Court has reviewed the entire record in this case. For the reasons discussed at length in the Report and Recommendation, all of petitioner's objections are OVERRULED.

The Report and Recommendation is hereby ADOPTED AND AFFIRMED. This case is DISMISSED.

The Clerk is DIRECTED to enter final judgment dismissing this action.

IT IS SO ORDERED.