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Randolph v. Beard

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


March 16, 2010

SAMUEL RANDOLPH, PETITIONER
v.
JEFFREY BEARD, COMMISSIONER, PENNSYLVANIA DEPARTMENT OF CORRECTIONS; LOUIS B. FOLINO, SUPERINTENDENT OF THE STATE CORRECTIONAL INSTITUTION AT GREENE; AND FRANKLIN J. TENNIS, SUPERINTENDENT OF THE STATE CORRECTIONAL INSTITUTION AT ROCKVIEW, RESPONDENTS

The opinion of the court was delivered by: (Judge Conner)

THIS IS A CAPITAL CASE

ORDER

AND NOW, this 16th day of March, 2010, upon consideration of petitioner's motion for an order directing the Pennsylvania Department of Corrections to provide petitioner's counsel with proper and adequate access to counsel or, in the alternative, move petitioner to an institution where such access can be provided (Doc. 22), and in light of petitioner's recent transfer on January 26, 2010 to the State Correctional Institution in Graterford, Pennsylvania ("SCI-Graterford"), and counsel's recent visit to petitioner at SCI-Graterford on January 28, 2010, and in light of similar matters pending before the Court of Common Pleas of Dauphin County, Pennsylvania regarding counsel's access to petitioner,*fn1 IT IS HEREBY

ORDERED THAT the motion (Doc. 22) is DENIED without prejudice to petitioner's right to reassert his claims and concerns regarding access to counsel at the conclusion of proceedings in the Court of Common Pleas of Dauphin County.

FURTHER, in light of disposition of the aforementioned motion (Doc. 22), IT IS HEREBY ORDERED THAT respondents' motion to stay disposition of petitioner's motion for an order directing the Pennsylvania Department of Corrections to provide him with adequate access to counsel pending disposition of petitioner's similar motion in the Court of Common Pleas of Dauphin County, Pennsylvania (Doc. 25) is DISMISSED as moot.

CHRISTOPHER C. CONNER United States District Judge


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