Opinion
Civil Action 20-3990-KSM
01-10-2022
DIEGO RIVERA, Petitioner, v. LAUREL HARRY, et al., Respondents.
ORDER
KAREN SPENCER MARSTON, J.
AND NOW, this 10th day of January, 2022, upon consideration of the Petition for a Writ of Habeas Corpus (Doc. No. 1), the Report and Recommendation of Magistrate Judge Richard A. Lloret (Doc. No. 11), Petitioner's Objections to the Magistrate Judge's Report and Recommendation (Doc. No. 13), Petitioner's Supplemental Objections to the Report and Recommendation of the Magistrate-Judge (Doc. No. 20), Respondents' Response to Rivera's Objections (Doc. No. 24), and Petitioner's Second Supplemental Objections to the Commonwealth's First Response to Petitioner's First Set of Supplemental Objections to the Report and Recommendation of the Magistrate-Judge (Doc. No. 26), it is ORDERED as follows:
1. Based on Petitioner's objections, the Court DECLINES to adopt the Report and Recommendation as to Petitioner's ineffective assistance of counsel claims (Counts 1 and 2) and REMANDS to Magistrate Judge Richard A. Lloret to determine whether the Court should hold an evidentiary hearing on these claims.
2. The Court APPROVES and ADOPTS the Report and Recommendation with respect to Petitioner's claim that he did not receive a full and fair PCRA hearing (Count 3) and
this claim is DISMISSED with prejudice.
3. There is no probable cause to issue a certificate of appealability as to Petitioner's claim that he did not receive a full and fair PCRA hearing (Count 3).
IT IS SO ORDERED.