Killela v. Hall

MEMORANDUM AND ORDER REGARDING REPORT AND RECOMMENDATION WITH REGARD TO RESPONDENTS’ MOTION TO DISMISS PETITIONER’S HABEAS CORPUS PETITION (Docket Nos. 12 & 20)

PONSOR, District Judge.

Upon de novo review, the Report and Recommendation of Magistrate Judge Kenneth P. Neiman dated December 3, 1999 is hereby ADOPTED. As Magistrate Judge Neiman’s memorandum carefully demonstrates, the state court’s decision here properly rests on petitioner’s procedural default, independent of any Constitutional question. Petitioner has demonstrated neither “cause and prejudice” nor any significant evidence of a…