Facts

Prisoner Eric Dabney filed a habeas petition against Warden Cynthia Tampkins, challenging his conviction for making criminal threats. The state court of appeal upheld the judgment against him. The state Supreme Court summarily denied his state habeas petition. Dabney then filed this petition seeking federal habeas relief.

PETITIONER'S CONTENTIONS:
Petitioner was allegedly denied effective assistance of counsel due to counsel's failure to argue for a lesser sentence though there were mitigating factors that supported a lesser sentence.

Result

The magistrate judge found that Dabney was not entitled to habeas relief and recommended the denial of his petition and dismissal of the action with prejudice. The district court subsequently adopted the magistrate judge's report and recommendations. Accordingly, it denied Dabney habeas relief and dismissed the action with prejudice.