Opinion
CIVIL ACTION No. 00-1716
08-08-2011
ORDER
AND NOW, this 8 day of August, 2011, for the reasons stated in the accompanying memorandum, and upon consideration of (1) the pleadings and the record herein, (2) the Report and Recommendation of M. Faith Angell, United States Magistrate Judge, and (3) petitioner's objections thereto, it is hereby ORDERED that: 1. The objections to the Report and Recommendation are SUSTAINED. 2. The Report and Recommendation is NOT ADOPTED. 3. An evidentiary hearing will be held on September 8, 2011, at 11:30 a.m.. At issue will be whether petitioner's trial counsel, Robert Dixon, disregarded petitioner's request that he file a notice of appeal.
BY THE COURT:
Louis H. Pollak
Pollak, J.