Pena
Pena v. Giurbino
Opinion
Opinion
Houston, J.
ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION AND DENYING PETITION FOR WRIT OF HABEAS CORPUS
INTRODUCTION
Petitioner, a state prisoner appearing through counsel, Garry A. Preneta, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 . The matter has been fully briefed on the merits. Pursuant to 28 U.S.C. § 636 (b)(1), the Honorable Roger T. Benitez, United States Magistrate Judge, submitted a report and recommendation (“Report”) to this Court recommending that petitioner’s petition for writ of habeas corpus be denied. Petitioner filed objections to the Report. Respondents did not file a reply to the objections. Having fully reviewed the matter, and for the reasons set forth below, this Court ADOPTS the Magistrate Judge’s Report and DENIES the instant petition in its entirety.
BACKGROUND
On October 20, 1989, a gang related shooting occurred resulting in the death of David Traylor and a gunshot wound to Jess Guerra. Petitioner was implicated in the shooting along with two other persons, William Gonzalez and Raul Leyva. After being questioned, petitioner was released by the arresting authorities and fled to Mexico.