Moxley v. Bennett

MEMORANDUM and ORDER 1

ELFVIN, District Judge.

On November 17, 1997 Xavier Moxley petitioned for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The undersigned referred the matter to Magistrate Judge Leslie G. Foschio pursuant to 28 U.S.C. § 636(b)(1)(B) for consideration of the merits and legal issues raised by Mox-ley in his application for post-conviction relief. Judge Foschio filed his Report and Recommendation (the “R & R”) on April 23, 2003, recommending that Moxley’s petition be denied, that the case be dismissed and that a certificate of appealability be denied. Moxley filed his…