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JOHNSON v. FOLINO

Civil Action No. 04-2835.

671 F.Supp.2d 658 (2009)

JOHNSON, Petitioner, v. FOLINO, et al., Respondents.

United States District Court, E.D. Pennsylvania.

November 23, 2009.

Attorney(s) appearing for the Case

David L. Zuckerman, Samuel J.B. Angell, Federal Court Division, Defender Association of Philadelphia, Michael Hugh Gonzales, Fed. Comm. Def. Office Capital Habeas Unit, Philadelphia, PA, for Petitioner.

Andrea F. McKenna, Office of Attorney General, Harrisburg, PA, Douglas J. Waltman, Berks County District Attorney's Office, Reading, PA, Susan Dein Bricklin, Virginia A. Gibson, U.S. Attorney's Office, Philadelphia, PA, for Respondents.

MEMORANDUM

EDUARDO C. ROBRENO, District Judge.

Before the Court is petitioner Roderick Johnson's ("Petitioner") motion to depose Berks County Sheriff Eric Weaknecht ("Sheriff Weaknecht") concerning Petitioner's claim for an alleged violation of Brady v. Maryland. The subtext of this motion implicates whether Petitioner's alleged Brady claim has been procedurally defaulted in state court.

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