SANDERS v. KLEM

Full title: REGINALD SANDERS, Petitioner, v. EDWARD KLEM, et al., Respondents

Court: United States District Court, E.D. Pennsylvania

Date published: Nov 19, 2007

CIVIL ACTION NO. 05-1688 (E.D. Pa. Nov. 19, 2007)

Opinion

CIVIL ACTION NO. 05-1688.

November 19, 2007

ORDER

GENE PRATTER, District Judge

AND NOW, this 14th day of November, 2007, upon careful and independent consideration of the Petition for Writ of Habeas Corpus of Reginald Sanders (Docket No. 1); the Government's response thereto (Docket No. 7); Petitioner's reply (Docket No. 10); the Report and Recommendation of the Honorable Linda K. Caracappa, United States Magistrate Judge (Docket No. 11); and Petitioner's objections thereto (Docket No. 14), it is hereby ORDERED that:

1. The Report and Recommendation is ADOPTED.

2. The Petition for Writ of Habeas Corpus is DENIED and DISMISSED.

3. Petitioner's objections are DENIED.

4. A Certificate of Appealability is GRANTED as to the issue of whether, in light of United States v. Richards, 241 F.3d 335 (3d Cir. 2001) and Priester v. Vaughn, 382 F.3d 394 (3d Cir. 2004), the admission of out-of-court statements made by a co-defendant violated the Confrontation Clause of the Sixth Amendment.

5. The Clerk of the Court shall CLOSE this case for all purposes, including statistics.