Memorandum Opinion and Order

This matter comes once again before the Court on review of the Magistrate Judge's Findings and Recommendations.  Petitioner filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254.   By order dated September 29, 1999, this Court reviewed the objections to Magistrate Judge Feinberg's Findings and Recommendations which recommended to this Court that this case be remanded to the state court for appointment of counsel and an evidentiary hearing.  Noting that the Court lacked authority to remand to the state court, this Court referred the case back to the Magistrate for further proceedings.  The Magistrate appointed the Federal Public Defender's Office to represent the petitioner.  Petitioner's newly appointed counsel reviewed the pro se petition and narrowed the issues presented.  Thereafter, the Magistrate held a two day evidentiary hearing on the issues raised in the petition.  After the hearing, Judge Feinberg submitted her Findings and Recommendations on September 29, 2000.  Thereafter, on October 13, 2000, Petitioner submitted objections to the Findings and Recommendations.  Upon de novo review of the petitioner's objections and the entire record, the Court ACCEPTS in part and REJECTS in part the Findings and Recommendations of the Magistrate Judge, but nevertheless DENIES Petitioner's Petition for a Writ of Habeas Corpus for the reasons that follow.