MATHIAS v. COLLINS et al
| DAVID MATHIAS |
| THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA and ROBERT COLLINS |
| 2:2013cv02002 |
| April 15, 2013 |
| US District Court for the Eastern District of Pennsylvania |
| Philadelphia Office |
| Schuykill |
| L. FELIPE RESTREPO |
| HARVEY BARTLE |
| Habeas Corpus: (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
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Filing
17
MEMORANDUM AND ORDER THAT THE 8/26/14 REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE [#14] IS ADOPTED EXCEPT AS IT RELATES TO THE CONVICTION AND INCARCERATION OF PETITIONER DAVID MATHIAS FOR FIRST-DEGREE MURDER. THE REPORT AND RECOMMENDATION IS NO T ADOPTED AS IT RELATES TO THE CONVICTION AND INCARCERATION OF PETITIONER DAVID MATHIAS FOR FIRST-DEGREE MURDER. THE HABEAS CORPUS PETITION OF DAVID MATHIAS UNDER 28 USC:2254 IS GRANTED ONLY AS TO HIS CONVICTION AND INCARCERATION FOR FIRST-DEGREE MUR DER ARISING OUT OF CRIMINAL ACTION NUMBER CP-51-CR-0808071-2005 IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY, PENNSYLVANIA; UNLESS THE COMMONWEALTH RETRIES PETITION DAVID MATHIAS WITHIN SIX MONTHS OF THE DATE OF THIS ORDER, HE IS RELEASED FROM CUSTODY ON HIS SENTENCE FOR FIRST-DEGREE MURDER ONLY; THIS ORDER HAS NO EFFECT ON HIS INCARCERATION FOR ANY SENTENCE OTHER THAN THIS SENTENCE FOR FIRST-DEGREE MURDER; AND NO CERTIFICATE OF APPEALABILITY IS ISSUED WITH RESPECT TO ANY MATTER IN THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION WHICH THE COURT HAS ADOPTED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 11/5/14. 11/6/14 ENTERED & E-MAILED. COPY MAILED TO MATHIAS.(fdc)
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