RICHARDSON v. KAUFFMAN et al

Filing 30

ORDER THAT RICHARDSON'S OBJECTIONS, ECF NO. 27, TO THE R&R ARE OVERRULED IN PART AND SUSTAINED IN PART. THE REPORT AND RECOMMENDATION, ECF NO. 24, IS ADOPTED IN PART AND NOT ADOPTED IN PART. THE ACTION IS REMANDED TO THE HONORABLE LIN DA K. CARACAPPA, CHIEF UNITED STATES MAGISTRATE JUDGE, FOR FURTHER FACTUAL DEVELOPMENT CONSISTENT WITH THE OPINION AND FOR A REPORT AND RECOMMENDATION PURSUANT TO 28 U.S.C. § 636. THERE IS NO BASIS FOR A CERTIFICATE OF APPEALABILITY. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 3/29/18. 3/29/18 ENTERED AND COPIES MAILED TO PETITIONER, E-MAILED. (er, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF PENNSYLVANIA
_______________________________________
KENDALL C. RICHARDSON,
Petitioner,

:
:
:
v.
:
:
SUPERINTENDENT KEVIN KAUFFMAN; :
THE DISTRICT ATTORNEY OF THE
:
COUNTY OF LEHIGH; and
:
THE ATTORNEY GENERAL
:
OF THE STATE OF PENNSYLVANIA,
:
Respondents.
:
_______________________________________

No. 5:15-cv-6362

ORDER
AND NOW, this 29th day of March, 2018, for the reasons set forth in the Opinion issued
this date, IT IS HEREBY ORDERED THAT:
1.

Richardson’s objections, ECF No. 27, to the R&R are OVERRULED in part

and SUSTAINED in part.
2.

The Report and Recommendation, ECF No. 24, is ADOPTED in part and NOT

ADOPTED in part.
3.

The action is REMANDED to the Honorable Linda K. Caracappa, Chief United

States Magistrate Judge, for further factual development consistent with the Opinion and for a
Report and Recommendation pursuant to 28 U.S.C. § 636.
4.

There is no basis for a certificate of appealability.

BY THE COURT:

/s/ Joseph F. Leeson, Jr.______
JOSEPH F. LEESON, JR.
United States District Judge
1
032818