NUNEZ v. WETZEL et al
| FERNANDO NUNEZ |
| JOHN E. WETZEL and THE ATTORNEY GENERAL OF THE STATE OF TOM CORBETT |
| 2:2014cv02192 |
| April 14, 2014 |
| US District Court for the Eastern District of Pennsylvania |
| Philadelphia Office |
| Philadelphia |
| JACOB P. HART |
| C. DARNELL JONES |
| 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
59
ORDER GRANTING 1 22 PETITION FOR WRIT OF HABEAS CORPUS. WE STAY THE WRIT OF EXECUTION TO 11/15/23 TO ALLOW THE COMMONWEALTH TO EITHER DISMISS THE CHARGES OR COMMENCE A NEW TRIAL, ETC. IF THE COMMONWEALTH DOES NOT DISMISS THE COUNTS OF CONVICTION OR COMMENCE TRIAL BY 11/15/23, THE WRIT OF HABEAS CORPUS SHALL ISSUE UPON NOTICE FROM THE PETITIONER AND THE COMMONWEALTH SHALL THEN FORTHWITH VACATE THE PETITIONER'S CONVICTION. PETITIONER SHALL FILE A NOTICE BY 5/30/23 ADVISING AS TO WHETHER H IS CLAIMS TWO THROUGH SEVEN CAN NOW BE DISMISSED TO ALLOW US TO ENTER A FINAL ORDER INCLUDING ADDRESSING A CERTIFICATE OF APPEALABILITY. SIGNED BY HONORABLE MARK A. KEARNEY ON 5/17/23. 5/17/23 ENTERED AND COPIES E-MAILED. PRO SE PETITIONER NOT MAILED. (va)
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Filing
6
ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; THE PETITION FOR A WRIT OF HABEAS CORPUS IS STAYED AND HELD IN ABEYANCE UNTIL THE CONCLUSION OF PETITIONER'S STATE COURT PROCEEDINGS; THERE IS NO BASIS FOR THE ISSUANCE OF A CERTIFICATE OF APPEALABILITY.. SIGNED BY HONORABLE C. DARNELL JONES, II ON 6/19/14. 6/19/14 ENTERED AND COPIES MAILED TO PRO SE PETITIONER AND E-MAILED TO COUNSEL. (pr, ) Modified on 6/19/2014 (pr, ).
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