COLLAZO v. CURLEY et al
| MICHAEL ANGELO COLLAZO |
| MICHAEL CURLEY, ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA and ERIE COUNTY DISTRICT ATTORNEY'S OFFICE |
| 1:2011cv00006 |
| January 10, 2011 |
| US District Court for the Western District of Pennsylvania |
| Erie Office |
| Erie |
| Susan Paradise Baxter |
| Sean J. McLaughlin |
| General |
| 28 U.S.C. ยง 2254 |
| None |
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Filing
18
MEMORANDUM ORDER: Accordingly, this 5th day of June, 2012, it is hereby ORDERED that the R&R of Magistrate Judge Baxter, dated March 7, 2012, is ADOPTED IN PART and REJECTED IN PART. The Magistrate Judge's recommendation that Petitioner's stand-alone claim that that Attorney Hathaway was ineffective be denied is ADOPTED as the Opinion of the Court, as supplemented herein. In light of the Supreme Court's post-R&R decision in Martinez, the Court cannot adopt the Magistrate Judge& #039;s recommendation that Petitioner's claim that Attorney Adams was ineffective for failing to file a direct appeal be denied as procedurally defaulted. That claim is remanded to the Magistrate Judge to appoint Petitioner counsel and to conduct an evidentiary hearing in order to determine whether the claim is procedurally defaulted and/or to evaluate its merit. Signed by Judge Sean J. McLaughlin on 6/5/12. (kas)
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