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Rush v. Beard, 08-4843. (2018)

Court: District Court, E.D. Pennsylvania Number: infdco20180802c69 Visitors: 13
Filed: Aug. 01, 2018
Latest Update: Aug. 01, 2018
Summary: ORDER JOSEPH H. RODRIGUEZ , District Judge . For the reasons stated in the accompanying Opinion filed herewith: IT IS therefore on this 1st day of August 2018, ORDERED that Grounds Two (a) and (b), Three, Six, Seven, Eight, Ten, Eleven, Thirteen, Fourteen, Fifteen and Sixteen of the Petition for Writ of Habeas Corpus under 28 U.S.C. 2254 (ECF No. 1-1) are dismissed with prejudice as procedurally defaulted; Ground Thirteen is alternatively denied on the merits; and it is further ORD
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ORDER

For the reasons stated in the accompanying Opinion filed herewith:

IT IS therefore on this 1st day of August 2018,

ORDERED that Grounds Two (a) and (b), Three, Six, Seven, Eight, Ten, Eleven, Thirteen, Fourteen, Fifteen and Sixteen of the Petition for Writ of Habeas Corpus under 28 U.S.C. § 2254 (ECF No. 1-1) are dismissed with prejudice as procedurally defaulted; Ground Thirteen is alternatively denied on the merits; and it is further

ORDERED that Grounds One and Four are denied on the merits; and it is further

ORDERED that Ground Nine is held in abeyance pending an evidentiary hearing pursuant to 28 U.S.C. § 2254(e)(2); and it is further

ORDERED that a pre-hearing telephone conference call will be held with counsel on September 25, 2018, at 11:00 a.m., to determine the logistics of the evidentiary hearing, which will be held before the undersigned in the Eastern District of Pennsylvania.

Source:  Leagle

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