WHITE v. PENNA DEPT. OF CORRECTIONS

Filing 43

ORDER THAT THE R&R IS APPROVED AND ADOPTED; PETITIONER'S PETITION IS GRANTED; AND THE SUPERINTENDENT OF SCI FOREST IN CAMP HILL PA., SHALL RELEASE PETITIONER FROM CUSTODY SHOULD PETITIONER NOT BE RE-SENTENCED BY THE STATE COURT WITHIN NINETY (90) DAYS OF THE DATE OF THIS ORDER. SIGNED BY HONORABLE ROBERT F. KELLY ON 9/12/12. 9/12/12 ENTERED AND COPIES E-MAILED. (jpd)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
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:
:
:
JOSEPH WHITE,
:
:
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Petitioner,
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vs.
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SUPT. MORISA LAMAS, et al.
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Respondents.
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:
____________________________________:

CIVIL ACTION

NO. 11-2339

ORDER
AND NOW, this 12th day of September, 2012, upon consideration of
Petitioner, Joseph White’s (“White”) Petition for Writ of Habeas Corpus (“Petition”), the
memorandum in support thereof, the Response and Supplemental Response of the District
Attorney’s Office of Philadelphia, and after review of the Report and Recommendation (“R&R”)
of Magistrate Judge Thomas J. Rueter (Doc No. 40), it is hereby ORDERED that:
1.

the R&R is APPROVED and ADOPTED;

2.

Petitioner’s Petition is GRANTED; and

3.

the Superintendent of the State Correctional Institution at
Forest, in Camp Hill, Pennsylvania, shall release Petitioner
from custody should Petitioner not be re-sentenced by the

state court within ninety (90) days of the date of this Order.

BY THE COURT:

/s/ Robert F. Kelly
ROBERT F. KELLY
SENIOR JUDGE

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