GLENN v. WYNDER et al

Filing 97

Respondents are hereby ORDERED to submit a Supplemental Answer, within thirty (30) days of the date of this Order, specifically addressing the applicability of Martinez v. Ryan, 132 S. Ct. 1309 (2012) to Claims 2(B), 6(F), 8(H), and 9(I) in the amended petiiton (ECF No. 52). Petitioner shall file a Reply to the Supplemental Answer within fourteen (14) days from the date the Supplemental Answer is filed. Signed by Magistrate Judge Lisa Pupo Lenihan on July 5, 2012. (kcc)

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

LUTHER GLENN,
Petitioner,
v.
SUPT. JAMES WYNDER; DISTRICT
ATTORNEY FOR THE COUNTY OF
ALLEGHENY; and the ATTORNEY
GENERAL FOR THE STATE OF
PENNSYLVANIA,

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Civil Action No. 06 – 513
Chief Magistrate Judge Lisa Pupo Lenihan

Respondents.

ORDER
Upon consideration of Petitioner’s claims presented in his amended petition for writ of
habeas corpus (ECF No. 52), it is hereby ORDERED that Respondents shall, within thirty (30)
days of the date of this Order, submit a Supplemental Answer specifically addressing the
applicability of Martinez v. Ryan, __ U.S. __, 132 S. Ct. 1309 (2012)1 to Claims 2 (B), 6 (F), 8
(H), and 9 (I) in the amended petition. Petitioner shall file a Reply to the Supplemental Answer
within fourteen (14) days from the date the Supplemental Answer is filed.
Dated: July 5, 2012

_________________________
Lisa Pupo Lenihan
Chief United States Magistrate Judge
1

In Martinez, the Supreme Court held for the first time that in states like Pennsylvania, where state law
requires that claims of ineffective assistance of trial counsel be raised in an initial-review collateral proceeding, a
petitioner may establish “cause” sufficient to overcome a procedural default of a claim if “appointed counsel in the
initial-review collateral proceeding, where the claim should have been raised, was ineffective under the standards of
Strickland v. Washington, 466 U.S. 668 (1984).” Martinez, 132 S. Ct. at 1318.