IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

SHELDON HANNIBAL : : v. : CIVIL ACTION NO. 13-cv-619 : ROBERT GILMORE, et al. :

ORDER

This 6th day of October, 2021, following careful and independent consideration of the petition filed pursuant to 28 U.S.C.§ 2254 by Sheldon Hannibal, Petitioner, the Report and Recommendation of United States Magistrate Judge Lynne A. Sitarski, and the objections raised by Petitioner’s counsel, it is hereby ORDERED that: 1) The Report and Recommendation is APPROVED and ADOPTED; 2) The petition for habeas corpus filed pursuant to 28 U.S.C.§ 2254 is DENIED; 3) A certificate of appealability is issued pursuant to

as to two issues raised by Petitioner where he made a substantial showing of the denial of a constitutional right, and reasonable minds could differ about how to resolve the claims. See

(c)(2); Slack v. McDaniel,

(2000). These include: 1. Whether there is a reasonable probability that evidence suppressed in violation of Brady v. Maryland,

(1963) would have materially impeached the credibility of the main witness, and; 2. Whether the trial was fundamentally unfair such that Petitioner was denied his right to due process, when the Commonwealth was permitted to introduce evidence of the murder of Tanesha Robinson, a witness against Petitioner, allegedly at Petitioner’s behest.

/s/ Gerald Austin McHugh United States District Judge