Kirk v. Meyer

MEMORANDUM

ROBRENO, District Judge.

Nelson Kirk (“Petitioner” or “Kirk”), a state prisoner, has filed a petition for ha-beas corpus relief under 28 U.S.C. § 2254 on three grounds: (1) “denial of right of appeal,” properly understood as an allegation of ineffective assistance rendered by counsel during the direct appeal process, (2) ineffective assistance of trial counsel, and (3) prosecutorial misconduct. Before the court is the Magistrate Judge’s Report and Recommendation recommending that the petition be denied and dismissed, and Kirk’s Objection to the Report and Recommendation. For the…