Fernandez

ORDER ACCEPTING IN PART AND REJECTING IN PART FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE, AND DENYING PETITION FOR WRIT OF HABEAS CORPUS

Pursuant to 28 U.S.C. § 636 , the Court has reviewed the Petition, records on file, and the Final Report and Recommendation of the United States Magistrate Judge (docket no. 24), 2013 WL 8174294 (“R & R”). Further, the Court engaged in a de novo review of those portions of the R & R to which objections were filed. The Court accepts the findings and recommendations of the Magistrate Judge with respect to grounds three and four of the Petition, as set forth at pages 33 to 42 of the R & R, but rejects the findings and recommendations of the Magistrate Judge with respect to grounds one and two, for the reasons set forth below. The Court accepts the factual findings as set forth in the R & R at pages 4 to 13. For the reasons explained below, the Petition for Writ of Habeas Corpus is DENIED.

DISCUSSION

In federal habeas proceedings, a petitioner is not entitled to relief on “any *1049 claim that was adjudicated on the merits in State court proceedings unless the adjudication of the claim”:

28 U.S.C. § 2254 (d). The- federal…