JOHNSON v. GARMAN et al

Filing 47

ORDER THAT THE PETITIONER'S OBJECTIONS ARE OVERRULED. THE REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE ELIZABETH T. HEY IS APPROVED AND ADOPTED. THE AMENDED PETITION FOR WRIT OF HABEAS CORPUS IS GRANTED IN PART AND DENIED IN PART. SIGNED BY HONORABLE TIMOTHY J. SAVAGE ON 5/17/22. 5/17/22 ENTERED AND COPIES E-MAILED.(mbh)

Case 2:17-cv-00136-TJS Document 47 Filed 05/17/22 Page 1 of 2

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

:
:
v.
:
:
MARK GARMAN, et al., THE ATTORNEY :
GENERAL OF THE STATE OF
:
PENNSYLVANIA and THE DISTRICT
:
ATTORNEY OF PHILADELPHIA COUNTY :

CIVIL ACTION

NO. 17-136

ORDER
NOW, this 17th day of May, 2022, upon consideration of the Amended Petition for
Writ of Habeas Corpus and Memorandum of Law (Doc. Nos. 27 and 27-1), the response
to the amended petition, the petitioner’s reply, and the Report and Recommendation filed
by United States Magistrate Judge Elizabeth T. Hey (Doc. No. 38), the petitioner’s
objections to the Report and Recommendation and the response to the objections, and
after a thorough and independent review of the record, it is ORDERED that:
1.

The petitioner’s objections are OVERRULED;

2.

The Report and Recommendation of Magistrate Judge Elizabeth T. Hey is

APPROVED and ADOPTED.
3.

The Amended Petition for Writ of Habeas Corpus is GRANTED IN PART

and DENIED IN PART.
4.

With respect to petitioner’s challenge to the validity of his 2007 guilty plea,

the Amended Petition for Writ of Habeas Corpus is DENIED.
5.

With respect to petitioner’s claim of judicial bias in sentencing for violation

of probation, the Amended Petition for Writ of Habeas Corpus is GRANTED.
6.

Petitioner shall be resentenced on the violation of probation within 120 days

Case 2:17-cv-00136-TJS Document 47 Filed 05/17/22 Page 2 of 2

or the sentence shall be vacated.
7.

No certificate of appealability shall issue with respect to Johnson’s claim

as to the validity of his 2007 guilty plea because the petitioner has not made a substantial
showing of the denial of a constitutional right under 28 U.S.C. § 2253(c)(2).

/s/ TIMOTHY J. SAVAGE J.

2