PARRY v. KERESTES et al
| THOMAS G. PARRY |
| KERESTES, PA DEPARTMENT OF CORRECTIONS and THOMAS CORBETT |
| 2:2011cv01318 |
| October 17, 2011 |
| US District Court for the Western District of Pennsylvania |
| Pittsburgh Office |
| Schuylkill |
| Cynthia Reed Eddy |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
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Filing
64
MEMORANDUM ORDER indicating that it is hereby ordered that the Amended Petition for Writ of Habeas Corpus is denied; that a certificate of appealability is denied; that the Report and Recommendation 55 is adopted as the Opinion of the Court as supplemented herein; that the Clerk of Court mark this case closed. Signed by Judge Nora Barry Fischer on 1/13/15. (jg)
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Filing
53
ORDER indicating that, for the reasons stated within, it is hereby ordered that the Amended Petition for Writ of Habeas Corpus is CONDITIONALLY GRANTED to allow Petitioner to continue to pursue his direct appeal rights nunc pro tunc; that litigation in this habeas corpus proceeding on Counts 4 through 7 of the Amended Petition is STAYED pending conclusion of Petitioner's state court proceedings; that Petitioner shall notify the Court of the disposition of his state court proceedings withi n 30 days of the final disposition of those proceedings; that a certificate of appealability is not issued because Petitioner has been granted conditional relief on his direct appeal claims and the remainder of his claims are stayed pending conclusion of his state court proceedings; and that the Report and Recommendation 52 is ADOPTED as the Opinion of the Court.. Signed by Judge Nora Barry Fischer on 5/23/14. (cmh)
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Filing
35
MEMORANDUM ORDER re 33 MOTION for Relief of Judgment filed by THOMAS G. PARRY. It is hereby ORDERED that Petitioner's request for an indicative ruling is GRANTED. The Court states that it would vacate its Memorandum Opinion and Order of Oct ober 26, 2012, if the United States Court of Appeals for the Third Circuit remanded the currently-pending appeal from that Order back to this Court. It is further ORDERED that pursuant to Rule 62.1(b), Petitioner shall promptly notify the circuit clerk under Federal Rule of Appellate Procedure 12.1 of the Court's decision.Signed by Magistrate Judge Cynthia Reed Eddy on 11/12/2013. (bsc)
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Filing
22
MEMORANDUM OPINION AND ORDER: The petition for a writ of habeas corpus 4 Amended at 6 is GRANTED; The execution of the writ of habeas corpus is STAYED for 60 days from the date of this Order, during which time Respondent is directed to move the Court of Common Pleas of Westmoreland County to issue an order reinstating Petitioner's direct appeal rights nunc pro tunc; After 60 days, if the Court of Common Pleas of Westmoreland County has not reinstated Petitioner's direct appeal rights nunc pro tunc, the writ shall issue and Respondents shall release Petitioner from all custody associated with his DUI convictions and related charges, including all conditions of probation and parole; and, The Clerk of Court shall mark this case CLOSED. Signed by Magistrate Judge Cynthia Reed Eddy on 10/26/12. (jlh )
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