Barkley v. Konteh

OPINION AND ORDER,

GWIN, District Judge.

On May 23, 2002, Petitioner Ruben Barkley filed a petition for a writ of habeas corpus. The Court assigned the case to Magistrate Judge David S. Perelman under Local Rule 72.1 for a report and recommendation. On October 29, 2002, Magistrate Judge Perelman issued his report and recommendation. In that report and recommendation, Magistrate Judge David S. Perelman recommended dismissing Barkley’s petition because Barkley procedurally defaulted his habeas claim. In the alternative, the Magistrate Judge found that Barkley’s claim failed on the merits. [Doc.…