Holloday v. Campbell

FINDINGS OF FACT AND CONCLUSIONS OF LAW

PROPST, Senior District Judge.

This cause comes on to be heard on Petitioner’s Objections to Magistrate Judge’s Report and Recommendation filed on May 13, 2006 and a further evidentiary hearing conducted on August 17, 2006.

On August 17, 2006, the court received further amplifications, explanations and evidence from the two expert witnesses who had previously testified before the magistrate judge. The parties agreed that there are no substantial disputes as to the underlying facts and that the substantial disputes relate to the inferences drawn and…