LINCOLN v. PALAKOVICH et al

Filing 35

ORDER THAT: PETITIONER'S MOTION IS GRANTED. THIS COURT'S ORDER DATED 8/24/11, IS VACATED. THE PETITION FOR WRIT OF HABEAS CORPUS IS GRANTED. PETITIONER'S CONVICTION AND SENTENCE ARE VACATED, AND PETITIONER SHALL BE RELEASED FROM CUSTODY, UNLESS PETITIONER'S RIGHTS TO A DIRECT APPEAL ON THE MERITS HAVE BEEN REINSTATED NUNC PRO TUNC WITHIN 90 DAYS FROM THE DATE OF THIS ORDER, ETC.. SIGNED BY HONORABLE NORMA L. SHAPIRO ON 4/2/14. 4/3/14 ENTERED AND COPIES E-MAILED.(fb)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
ROBERT LINCOLN,
Petitioner,
v.
JOHN A. PALAKOVICH, THE
DISTRICT ATTORNEY OF THE
COUNTY OF PHILADELPHIA, and
THE ATTORNEY GENERAL OF THE
STATE OF PENNSYLVANIA,
Respondents.

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CIVIL ACTION

No. 07-1373

ORDER
AND NOW, this 2nd day of April, 2014, upon consideration of the Rule 60 Motion of Petitioner
Robert Lincoln for Relief from Judgment of Order (ECF No. 31), the Commonwealth’s Response
to Petitioner’s Rule 60 Motion (ECF No. 32), and the Reply Brief in Support of Petitioner’s Rule
60 Motion for Relief from Judgment or Order (ECF No. 33), it appearing that extraordinary
circumstances exist so that denying petitioner’s requested relief will result in extreme hardship.
It is ORDERED that:
1.

Petitioner’s Motion is GRANTED.

2.

This court’s Order dated August 24, 2011, is VACATED.

3.

The petition for writ of habeas corpus is GRANTED.

4.

Petitioner’s conviction and sentence are VACATED, and petitioner shall be
RELEASED from custody, UNLESS petitioner’s rights to a direct appeal on the
merits have been reinstated nunc pro tunc within 90 days from the date of this Order.

5.

Having granted a conditional writ of habeas corpus, there is no need to consider a
certificate of appealability for petitioner.

/s/ Norma L. Shapiro
J.