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Michael Leon Haley, Sr. v. Debra Sauers

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


April 14, 2011

MICHAEL LEON HALEY, SR.
PETITIONER,
v.
DEBRA SAUERS, SUPERINTENDENT, SCI-FOREST, ET AL., RESPONDENTS.

The opinion of the court was delivered by: David R. Strawbridge United States Magistrate Judge

EXPLANATION AND ORDER

This matter has been referred to the undersigned for preparation of a Report and Recommendation concerning the pro se petition of Michael Leon Haley, Sr. ("Haley" or "Petitioner") for the issuance of a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. Consistent with that referral, on March 15, 2011, we directed that the Clerk of this Court served upon the District Attorney of Lehigh County the Petition for a Writ of Habeas Corpus and the memorandum and exhibits appended thereto (Doc. No. 1),*fn1 and that the District Attorney file an answer and memorandum of law with supporting exhibits pursuant to Rule 5 fol. 28 U.S.C. § 2254 on or before April 29, 2011.

On April 11, 2011, the Court received for filing Petitioner's Supplement to His Petition for Writ of Habeas Corpus. (Doc. No. 7, dated Mar. 25, 2011, postmarked Apr. 6, 2011). He characterizes the 12-page submission as a supplement to his pro se habeas petition and his response to the directive contained in Judge Sanchez's referral order of March 10, 2011 (Doc. No. 4) to ensure that all issues are presented to the Magistrate Judge. While Petitioner has included a certificate of service indicating that this Supplement was served upon James B. Martin of the Lehigh County District Attorney's Office on March 25, 2011, with this Order we clarify that we expect that the response to the petition will encompass a response to Petitioner's "Supplement" as well.

AND NOW, this 14th day of April, 2011, IT IS ORDERED that the Answer of the District Attorney of Lehigh County to Haley's petition shall also address his Supplement filed on April 11, 2011.

BY THE COURT:

David R. Strawbridge, USMJ


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