Rosenkrantz

ORDER ADOPTING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE

The Court has reviewed the entire record in this action, the Report and Recommendation of Magistrate Judge (“Report”), and petitioner’s objections. The Court concurs with and adopts the findings of fact, conclusions of law, and recommendations contained in the Report after having made a de novo determination of the portions to which objections were directed.

REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE

Background

When petitioner was 18 years old, his younger brother, Joey, and his brother’s friend, Steven Redman, secretly spied on him in order to confirm their suspicion that petitioner was a homosexual. Joey and Redman watched petitioner with a male companion through a window of petitioner’s . parents’ beach house. Redman decided that they should enter the house in order to take pictures of petitioner and his companion so he could prove to others that petitioner was gay. Before doing so, Redman and Joey obtained a flashlight and a stun gun from Joey’s car. Redman then kicked in the door of the house, yelled “Get the fuck out of here you faggots,” and struck petitioner with the flashlight, breaking his nose. Joey…