Leon Bailey, Jr. v. Ryan F. Thornell, et al.

Summary

The United States District Court for the District of Arizona adopted the magistrate judge’s Report and Recommendation in a 28 U.S.C. § 2254 habeas corpus action. The court held that most of the petitioner’s claims were unexhausted and procedurally defaulted, and that the remaining ineffective-assistance claims failed on the merits. The amended petition was denied and dismissed with prejudice, and a certificate of appealability and leave to proceed in forma pauperis on appeal were denied.

Holdings

1. A district judge reviews de novo the portions of a report and recommendation that are specifically and properly objected to, and need not review portions to which no specific objection is made.
2. Petitioner's claims in Grounds One, Two, Three, Four, Five, Six, and Seven(a)-(e) were not properly exhausted and were procedurally defaulted.
3. Petitioner failed to establish that counsel's performance fell below an objective standard of reasonableness on the exhausted ineffective-assistance claims.

Questions Presented

1. Whether the magistrate judge's report and recommendation should be reviewed de novo in light of petitioner's objections.
2. Whether petitioner's claims in Grounds One through Seven(a)-(e) were unexhausted and procedurally defaulted.
3. Whether petitioner established ineffective assistance of counsel on the exhausted claims in Grounds Seven(f)-(h).
4. Whether the amended § 2254 petition should be denied and dismissed with prejudice.

Disposition

dismissed