MUNSON v. COMMONWEALTH OF PENNSYLVANIA

Filing 17

ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; THE PETITION FOR WRIT OF HABEAS CORPUS IS CONDITIONALLY GRANTED; AND A CERTICATE OF APPEALABILITY IS NOT ISSUED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 1/3/12. 1/3/12 ENTERED AND COPIES E-MAILED TO COUNSEL.(pr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
SHAWN MUNSON

:
:
v.
:
:
COMMONWEALTH OF PENNSYLVANIA, :
et al.
:

CIVIL ACTION

NO. 11-1766

ORDER
AND NOW, this 3rd day of January, 2012, upon careful
and independent consideration of the petition for writ of habeas
corpus and the response thereto, and after review of the report
and recommendation of United States Magistrate Judge Arnold C.
Rapoport, it is hereby ORDERED that:
(1)

the report is APPROVED and ADOPTED;

(2)

the petition for writ of habeas corpus is

CONDITIONALLY GRANTED.

Petitioner is discharged from all custody

resulting from his conviction and sentence under the Pennsylvania
Corrupt Organizations Act in the Court of Common Pleas of
Philadelphia County in Criminal No. CP-51-CR-0509225-1001.
Petitioner is discharged from all custody resulting from his
conviction and sentence under his other crimes of conviction
unless, within 180 days from the date of the final determination
of this matter, the Commonwealth of Pennsylvania resentences
petitioner on those charges; and

(3)

a certificate of appealability is NOT ISSUED.
BY THE COURT:

/s/ Harvey Bartle III
J.

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