Opinion
Civil Action 21-608
02-28-2022
JOHN IN, Petitioner, v. MARK CAPOZZA, et al., Respondents.
ORDER
JOHN M. GALLAGHER, J.
AND NOW, this ___ day of _____, 2022, upon consideration of the Petition for a Writ of Habeas Corpus (Doc. No. 1), Petitioner's Brief in Support of His Petition for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254 (Doc. No. 19), Respondents' Answer to Petition for Writ of Habeas Corpus (Doc. No. 24), and the Report and Recommendation of United States Magistrate Judge Marilyn Heffley (Doc. No. 25), and after a careful and independent review of the record, it is hereby ORDERED that:
1. The Report and Recommendation is APPROVED and ADOPTED;
2. The Petition for a Writ of Habeas Corpus is GRANTED; and
3. Petitioner's conviction and sentence are VACATED.