Opinion
Civil Action 20-838
05-31-2022
ORDER
GENE E.K. PRATTER UNITED STATES DISTRICT JUDGE
AND NOW, this 31st day of May, 2022, upon consideration of Rasul Moore's Petition for a Writ of Habeas Corpus (Doc. No. 1) and Amended Petition (Doc. No. 6), the Commonwealth's Response (Doc. No. 12), Mr. Moore's Reply' (Doc. No. 13), the Magistrate Judge's Report and Recommendation (Doc. No. 25), Mr. Moore's Objections (Doc. No. 27), and the Commonwealth's Response (Doc. No. 38), it is hereby ORDERED AND DECREED that:
1. The Report and Recommendation (Doc. No. 25) is NOT ADOPTED;
2. The Petition for a Writ of Habeas Corpus (Doc. Nos. 1 & 6) is APPROVED for the reasons set forth in the accompanying memorandum; and
3. Petitioner Rasul Moore shall be RETRIED within 180 days of this Order or be released.