KLEIN v. KAUFFMAN et al

Filing 48

ORDER THAT THE REPORT AND RECOMMENDATION (DOC. NO. 19) IS ADOPTED IN PART AS SET FORTH IN THE ACCOMPANYING MEMORANDUM OPINION; THE PETITION FOR WRIT OF HABEAS CORPUS IS DENIED; AND A CERTIFICATE OF APPEALABILITY IS GRANTED.. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 3/20/19. 3/20/19 ENTERED AND COPIES E-MAILED TO COUNSEL.(pr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
JAMES KLEIN,
Petitioner,
v.
KEVIN KAUFMANN, et al.,
Respondent.

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CIVIL ACTION

NO. 15-0065

ORDER
AND NOW, this 20th day of March, 2019, upon consideration of Petitioner’s Petition for
Writ of Habeas Corpus (Doc. No. 1), Petitioner’s Amended Petition (Doc. No. 12), Respondent’s
Response (Doc. No. 15), Petitioner’s Traverse (Doc. No. 17), the Report and Recommendation of
United States Magistrate Judge Richard A. Lloret (Doc. No. 19), Petitioner’s Objections (Doc. No.
26), and Respondents’ Response to Petitioner’s Objections (Doc. No. 30), following an evidentiary
hearing before Judge Lloret, and upon thorough consideration of the state court record, it is hereby
ORDERED:
1. The Report and Recommendation (Doc. No. 19) is ADOPTED IN PART as set forth in
the accompanying Memorandum Opinion;
2. The Petition for Writ of Habeas Corpus is DENIED; and
3. A certificate of appealability is GRANTED.

BY THE COURT:

_/s/ Mitchell S. Goldberg________
Mitchell S. Goldberg,
J.