LAZAR v. COLEMAN et al

Filing 26

ORDER THAT THE PETITION FOR WRIT OF HABEAS CORPUS IS DENIED; A CERTIFICATE OF APPEALABILITY IS ISSUED AS TO WHETHER UNDER 28 U.S.C. SEC. 2254(d)(1), THE STATE COURTS UNREASONABLY APPLIED THE PREJUDICE PRONG OF STICKLAND v. WASHINGTON, 466 U.S. 668 (1984) SIGNED BY HONORABLE GERALD A. MCHUGH ON 3/1/17. 3/1/17 ENTERED AND COPIES E-MAILED. (jpd)

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

STEVEN LAZAR,
Petitioner,
v.
BRIAN V. COLEMAN,
Respondent.

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CIVIL ACTION
No. 14-6907

ORDER
This 1st day of March, 2017, upon careful and independent review of the petition for a
writ of habeas corpus and consideration of the thorough and well-reasoned Report and
Recommendation filed by U.S. Magistrate Judge M. Faith Angell, for the reasons expressed in
my accompanying Memorandum it is hereby ORDERED that:
1. The petition for a writ of habeas corpus is DENIED.
2. A certificate of appealability under 28 U.S.C. § 2253(c)(2) is ISSUED as to whether,
under 28 U.S.C. § 2254(d)(1), the state courts in this case unreasonably applied the
prejudice prong of Strickland v. Washington, 466 U.S. 668 (1984).

/s/ Gerald Austin McHugh
United States District Judge