Ware v. Harry

OPINION AND ORDER ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION, DENYING IN PART THE PETITION FOR HABEAS CORPUS AND REFERRING THE MATTER FOR AN EVIDENTIARY HEARING

ROBERT H. CLELAND, District Judge.

Pending before the court is Petitioner Calvin Dwight Ware’s petition for writ of habeas corpus under 28 U.S.C. § 2254. This matter was referred to United States Magistrate Judge Paul J. Komives pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 72.1. In his Report and Recommendation (“R & R”), the magistrate judge recommended that this court should (1) conduct an evidentiary hearing…