WASHINGTON v. BEARD et al

Filing 20

ORDER THAT THE REPORT AND RECOMENDATION (DOC. NO. 15) IS APPROVED IN PART AND ADOPTED IN PART, CONSISTENT WITH THE ACCOMPANYING MEMORADUM OPINION. PETITIONER'S OBJECTIONS TO THE REPORT AND RECOMMENDATION (DOC. NO. 18) ARE OVERRULED IN PART AND S USTAINED IN PART, CONSISTENT WITH THE ACCOMPANYING MEMORANDUM OPINION. THE PETITION FOR WRIT OF HABEAS CORPUS (DOC. NO. 3) IS GRANTED AND THE COMMONWEALTH OF PENNSYLVANIA SHALL EITHER RELEASE OR RETRY PETITIONER WITHIN 120 DAYS OF THE ENTRY OF THIS ORDER. THE CLERK OF COURT SHALL MARK THIS CASE CLOSED. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 6/7/12. 6/7/12 ENTERED AND COPIES MAILED TO PRO SE PETITIONER AND E-MAILED. (jpd)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
JAMES WASHINGTON,

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Petitioner,
v.
JEFFREY BEARD, et al.,
Respondents.

CIVIL ACTION
NO. 10-2869

O R D E R
AND NOW, this 6th day of June, 2012, it is hereby
ORDERED as follows:
(1) The Report and Recommendation (ECF No. 15) is
APPROVED in part and ADOPTED in part, consistent with the
accompanying Memorandum Opinion.
(2) Petitioner’s Objections to the Report and
Recommendation (ECF No. 18) are OVERRULED in part and SUSTAINED
in part, consistent with the accompanying Memorandum Opinion.
(3) The Petition for a Writ of Habeas Corpus (ECF No.
1) is GRANTED, and the Commonwealth of Pennsylvania shall either
release or retry Petitioner within 120 days of entry of this
Order.
(4) The Clerk of Court shall mark this case CLOSED.
AND IT IS SO ORDERED.

_/s/Eduardo C. Robreno_________
EDUARDO C. ROBRENO, J.