Palazzolo v. Burt

Filing 13

ORDER Adopting 10 Report and Recommendation and Granting an Evidentiary Hearing. Signed by District Judge Arthur J Tarnow. (CPic)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION JOHN PALAZZOLO, Petitioner, v SHERRY BURT, Respondent. / ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION AND GRANTING AN EVIDENTIARY HEARING Before the Court is Magistrate Judge Komives' Report and Recommendation [Docket #10] filed June 23, 2010. The Magistrate Case No. 08-14287 DISTRICT JUDGE ARTHUR J. TARNOW MAG. JUDGE PAUL J. KOMIVES

Judge recommends that this Court order an evidentiary hearing to develop a record with respect to petitioner's ineffective assistance of counsel claim. Respondent filed objections on July 7, 2010 [Docket #11]. Petitioner filed objections on August 3, 2010 [Docket #12]. Having reviewed the file, the Report and Recommendation and the objections the Court ADOPTS the Report and Recommendation and GRANTS an evidentiary hearing to develop a record with respect to petitioner's ineffective assistance of counsel claim. A separate

order setting a date and time for the hearing will follow. s/Arthur J. Tarnow Arthur J. Tarnow Senior United States District Judge

Dated: October 4, 2010

I hereby certify that a copy of the foregoing document was served upon parties/counsel of record on October 4, 2010, by electronic and/or ordinary mail. s/Catherine A. Pickles Judicial Secretary