ORDER REGARDING REPORT AND RECOMMENDATION
KOVACHEVICH, Chief Judge.
This cause is before the Court on report and recommendation (hereafter "R & R") issued by Magistrate Judge Thomas B. McCoun, III, on October 7, 1996 (Docket No. 37). The magistrate judge recommends that the petition for writ of habeas corpus be granted and the respondent be ordered to provide a new trial for the Petitioner or release him from custody.
Pursuant to Rule...
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