UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
August 8, 2011
PERCY ST. GEORGE,
THE DISTRICT ATTORNEY OF THE COUNTY OF PHILADELPHIA, ET AL., RESPONDENTS.
The opinion of the court was delivered by: Pollak, J.
ORDER AND NOW, this 8 day of August, 2011, for the reasons stated in the accompanying memorandum, and upon consideration of (1) the pleadings and the record herein, (2) the Report and Recommendation of M. Faith Angell, United States Magistrate Judge, and (3) petitioner's objections thereto, it is hereby ORDERED that:
1. The objections to the Report and Recommendation are SUSTAINED.
2. The Report and Recommendation is NOT ADOPTED.
3. An evidentiary hearing will be held on September 8 , 2011, at 11:30 a.m.. At issue will be whether petitioner's trial counsel, Robert Dixon, disregarded petitioner's request that he file a notice of appeal.
BY THE COURT:
Louis H. Pollak
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