HILL v. WETZEL et al

Filing 49

ORDER THAT THE REPORT AND RECOMMENDATION IS ADOPTED AS TO ALL CLAIMS EXCEPT 5 AND 9. RULING ON CLAIMS 5 AND 9 IS DEFERRED, THE PETITIONER'S REQUEST FOR AN EVIDENTIARY HEARING IS GRANTED AS TO THESE CLAIMS. PETITIONER'S REMAINING CLAIMS AR E DENIED. A CERTIFICATE OF APPEALABILITY IS GRANTED ON ALL CLAIMS. AN EVIDENTIARY HEARING WILL BE HELD ON WEDNESDAY, 2/8/17, AT 10:00 A.M., AT U.S. COURTHOUSE, 601 MARKET ST., PHILA., PA IN COURTROOM 9-B.. SIGNED BY HONORABLE GERALD A. MCHUGH ON 11/10/16. 11/10/16 ENTERED AND COPIES E-MAILED TO COUNSEL, 1 COPY TO LEGAL BIN. (pr, )

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

DONETTA HILL,

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Petitioner,
v.
WETZEL, et al.,
Respondents.

CIVIL ACTION
No. 12-2185

ORDER
On this 10th day of November, 2016, upon careful and independent consideration of the
Petition for a Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2254, and after review of the
Report and Recommendation of United States Magistrate Judge Lynne A. Sitarski, it is hereby is
ORDERED that:
1. The Report and Recommendation is ADOPTED as to all claims except 5 and 9.
2. Ruling on Claims 5 and 9 is deferred, because the Petitioner’s request for an evidentiary
hearing is GRANTED as to these claims.
3. Petitioner’s remaining claims are DENIED.
4. A certificate of appealability is GRANTED on all claims.
An evidentiary hearing will be held on Wednesday, February 8, 2017, at 10:00 a.m. at
the United States Courthouse, 601 Market Street, Philadelphia, Pennsylvania, in Courtroom 9-B.

/s/ Gerald Austin McHugh
United States District Judge