FRANKLIN v. KLOPOTOSKI et al
| VINCENT FRANKLIN |
| MICHAEL KLOPOTOSKI, THE DISTRICT ATTORNEY OF THE COUNTY OF NORTHAMPTON and THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA |
| 2:2009cv03838 |
| August 21, 2009 |
| US District Court for the Eastern District of Pennsylvania |
| Philadelphia Office |
| Luzerne |
| TIMOTHY R. RICE |
| NORMA L. SHAPIRO |
| Habeas Corpus: (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
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| Document Text |
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Filing
63
ORDER THAT FRANKILN'S RULE 60(b) MOTION IS DENIED FOR LACK OF JURISDICTION; FRANKLINS MOTION FOR APPOINTMENT OF COUNSEL IS DENIED AS MOOT; THE COURT WILL NOT ISSUE A CERTIFICATE OF APPEALABILITY, PETITIONER MAY APPLY TO THE COURT OF APPEALS FOR SUCH A CERTIFICATE; THE CLERK OF COURT IS DIRECTED TO MARK THIS CASE CLOSED. SIGNED BY HONORABLE NORMA L. SHAPIRO ON 11/23/15. 11/24/15 ENTERED AND COPIES MAILED TO PRO SE PETITIONER AND E-MAILED. (jpd)
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Filing
52
ORDER THAT THE THIRD SUPPLEMENTAL REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED. PETITIONER'S PETITION FOR WRIT OF HABEAS CORPUS IS GRANTED. PETITIONER'S SENTENCE IMPOSED FOR RAPE OF A CHILD IS VACATED. THIS ACTION IS REMANDED TO THE TR IAL COURT FOR RESENTENCING UNDER THE 2/7/03 STATUTORY MAXIMUM OF TWENTY YEARS INPRISONMENT. THERE IS NO BASIS FOR ISSUING A CERTIFICATE OF APPEALABILITY. SIGNED BY HONORABLE NORMA L. SHAPIRO ON 9/30/13. 10/1/13 ENTERED AND COPIES MAILED TO PRO SE PETTIONER AND E-MAILED. (jpd)
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