WILKERSON v. COLEMAN, 12-2190. (2015)
Court: District Court, E.D. Pennsylvania
Number: infdco20150206e43
Visitors: 6
Filed: Feb. 04, 2015
Latest Update: Feb. 04, 2015
Summary: ORDER PAUL S. DIAMOND, District Judge. AND NOW, this 4th day of February, 2015, upon consideration of the pleadings and record herein, and after careful review of Judge Strawbridge's Report and Recommendation (Doc. No. 33) and all related filings, it is hereby ORDERED that: 1. Petitioner's Motion to Dismiss Objections as Untimely (Doc. No. 46) is DENIED; 2. The Commonwealth's Objections to the Report and Recommendation (Doc. No. 43) are OVERRULED; 3. Magistrate Judge Strawbridge's R
Summary: ORDER PAUL S. DIAMOND, District Judge. AND NOW, this 4th day of February, 2015, upon consideration of the pleadings and record herein, and after careful review of Judge Strawbridge's Report and Recommendation (Doc. No. 33) and all related filings, it is hereby ORDERED that: 1. Petitioner's Motion to Dismiss Objections as Untimely (Doc. No. 46) is DENIED; 2. The Commonwealth's Objections to the Report and Recommendation (Doc. No. 43) are OVERRULED; 3. Magistrate Judge Strawbridge's Re..
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ORDER
PAUL S. DIAMOND, District Judge.
AND NOW, this 4th day of February, 2015, upon consideration of the pleadings and record herein, and after careful review of Judge Strawbridge's Report and Recommendation (Doc. No. 33) and all related filings, it is hereby ORDERED that:
1. Petitioner's Motion to Dismiss Objections as Untimely (Doc. No. 46) is DENIED;
2. The Commonwealth's Objections to the Report and Recommendation (Doc. No. 43) are OVERRULED;
3. Magistrate Judge Strawbridge's Report and Recommendation (Doc. No. 33) is APPROVED and ADOPTED;
4. The Petition for Writ of Habeas Corpus is GRANTED as to Petitioner's aggravated assault conviction, unless the Commonwealth of Pennsylvania grants Petitioner a new trial as to that count or imposes a new sentence consistent with the accompanying Memorandum within 30 days of this Order;
5. The Petition for Writ of Habeas Corpus is DENIED as to Petitioner's other counts; and
6. The Clerk of Court shall mark this case closed for statistical purposes.
AND IT IS SO ORDERED.
Source: Leagle
