JOHNSON v. WYNDER et al

Filing 36

ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED. THE PETITION FOR A WRIT OF HABEAS CORPUS IS GRANTED, ETC. THE EXECUTION OF THE WRIT IS STAYED FOR 18-0 DAYS FROM THE DATE OF THIS ORDER, ETC. HABEAS RELIEF IS DENIED AND THERE IS NO BASIS FOR THE ISSUANCE OF A CERTIFICATE OF APPEALABILITY. SIGNED BY HONORABLE ROBERT F. KELLY ON 11/12/13. 11/12/13 ENTERED AND COPIES E-MAILED TO COUNSEL.(lvj, )

Case 2:06-cv-04396-RK Document 35-1 Filed 10/02/13 Page 1 of 1

IN THE UNITED STATES DISTRJCT COURT
FOR THE EASTERN DISTRJCT OF PENNSYLVANIA
CIVIL ACTION

CLARANCEJOHNSON
v.

NO. 06-4396

TREVOR WINGARD, et al.

ORDER
ROBERT F. KELLY, S.J.,
AND NOW, this

/

~ "tti

day of

, 2013, upon careful

and independent consideration of the petition, amended petition, and supplemental
amended petition for habeas corpus, the responses, and after review of the Report and
Recommendation of United States Magistrate Judge Elizabeth T. Hey, IT IS ORDERED
that:
1.

The Report and Recommendation is APPROVED AND ADOPTED.

2.

The petition for a writ of habeas corpus is GRANTED only with respect to
Petitioner's claim that his conviction for violation of Pennsylvania's
Corrupt Organizations Act is unconstitutional.

3.

The execution of the writ is stayed for 180 days from the date of this Order
to permit the Commonwealth of Pennsylvania to vacate Petitioner's
conviction for violation of Pennsylvania's Corrupt Organizations Act, and
to resentence him accordingly.

4.

In all other respects, habeas relief is DENIED and there is no basis for the
issuance of a certificate of appealability.
BY THE COURT: