MATHIAS v. COLLINS et al

Respondent: THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA and ROBERT COLLINS
Petitioner: DAVID MATHIAS
Case Number: 2:2013cv02002
Filed: April 15, 2013
Court: Pennsylvania Eastern District Court
Office: Philadelphia Office
County: Schuykill
Referring Judge: L. FELIPE RESTREPO
Presiding Judge: HARVEY BARTLE
Nature of Suit: Habeas Corpus: (General)
Cause of Action: 28:2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By: None

Available Case Documents

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Date Filed#Document Text
November 5, 2014 16 Opinion or Order of the Court MEMORANDUM AND OPINION. SIGNED BY HONORABLE HARVEY BARTLE, III ON 11/5/14. 11/6/14 ENTERED & E-MAILED. COPY MAILED TO MATHIAS. (fdc)
November 5, 2014 17 Opinion or Order of the Court 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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Respondent: THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA
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Respondent: ROBERT COLLINS
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Petitioner: DAVID MATHIAS
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