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Yendell v. Superintendent SCI-Forest

United States District Court, W.D. Pennsylvania

December 13, 2019

RALPH LEE YENDELL, Petitioner
v.
SUPERINTENDENT SCI-FOREST, et al. Respondents

          RICHARD A. LANZILLO UNITED STATES MAGISTRATE JUDGE.

          REPORT AND RECOMMENDATION ON RESPONDENTS' MOTION TO DISMISS [ECF NO. 16] MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION

          SUSAN PARADISE BAXTER UNITED STATES DISTRICT JUDGE.

         I. Recommendation

         It is respectfully recommended that Respondents' Motion to Dismiss [ECF No. 16] be denied.

         II. Report

         A. Background

         Petitioner Ralph Lee Yendell, an inmate incarcerated at the State Correctional Institution at Forest (SCI-Forest), initiated this action on July 10, 2015, by filing a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, as amended by the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”). ECF No. 3. Petitioner is challenging the judgment of sentenced imposed upon him by the Court of Common Pleas of Crawford County on March 30, 2010. Id. Petitioner's original petition contained ten grounds for relief, loosely characterized as follows:

1. Bad faith/sufficiency of the evidence based on an allegedly inadequate arrest warrant;
2. Ineffective assistance of counsel (IAC) based on first trial counsel's failure to challenge the arrest warrant;
3. IAC based on second trial counsel's failure to challenge the arrest warrant;
4. IAC based on third trial counsel's failure to challenge the arrest warrant;
5. Due process violations stemming from a constitutionally defective waiver of his right to counsel;
6. IAC based on appellate counsel's failure to raise Ground 5;
7. IAC based on trial counsel's failure to object to the ...

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