SAUNDERS v. TENNIS et al

Filing 51

ORDERTHAT THE PETITION FOR WRIT OF HABEAS CORPUS IS DENIED. A CERTIFICATE OF APPEALABILITY IS GRANTED, ETC. THE CLERK SHALL CLOSE THIS CASE.. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 5/26/11. 5/27/11 ENTERED AND COPIES E-MAILED TO COUNSEL.(lvj, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
CRAIG SAUNDERS

:

v.

:

FRANKLIN J. TENNIS, et al.

:

CIVIL ACTION

NO. 09-1916

ORDER

AND NOW, this 26th day of May, 2010, it is hereby ORDERED that the Petition for Writ of
Habeas Corpus (ECF No. 1), filed pursuant to 28 U.S.C. § 2254, is DENIED.
A certificate of appealability is GRANTED, pursuant to 28 U.S.C. § 2253(c)(2), with respect
to the following issues related to the Petitioner’s Batson claim (Claim One):
1.

To what degree deference was due the certificate submitted by the trial court,
pursuant to 28 U.S.C. § 2245.

2.

Whether Commonwealth exercised its peremptory strikes in a racially discriminatory
manner in violation of Batson v. Kentucky, 476 U.S. 79 (1986),

3.

Whether Petitioner’s Batson claim is subject to waiver.

The Clerk shall close this case.

BY THE COURT:
/s Michael M. Baylson
Michael M. Baylson, U.S.D.J.