MATHIAS v. COLLINS et al

Filing 17

MEMORANDUM AND ORDER THAT THE 8/26/14 REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE [#14] IS ADOPTED EXCEPT AS IT RELATES TO THE CONVICTION AND INCARCERATION OF PETITIONER DAVID MATHIAS FOR FIRST-DEGREE MURDER. THE REPORT AND RECOMMENDATION IS NO T ADOPTED AS IT RELATES TO THE CONVICTION AND INCARCERATION OF PETITIONER DAVID MATHIAS FOR FIRST-DEGREE MURDER. THE HABEAS CORPUS PETITION OF DAVID MATHIAS UNDER 28 USC:2254 IS GRANTED ONLY AS TO HIS CONVICTION AND INCARCERATION FOR FIRST-DEGREE MUR DER ARISING OUT OF CRIMINAL ACTION NUMBER CP-51-CR-0808071-2005 IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY, PENNSYLVANIA; UNLESS THE COMMONWEALTH RETRIES PETITION DAVID MATHIAS WITHIN SIX MONTHS OF THE DATE OF THIS ORDER, HE IS RELEASED FROM CUSTODY ON HIS SENTENCE FOR FIRST-DEGREE MURDER ONLY; THIS ORDER HAS NO EFFECT ON HIS INCARCERATION FOR ANY SENTENCE OTHER THAN THIS SENTENCE FOR FIRST-DEGREE MURDER; AND NO CERTIFICATE OF APPEALABILITY IS ISSUED WITH RESPECT TO ANY MATTER IN THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION WHICH THE COURT HAS ADOPTED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 11/5/14. 11/6/14 ENTERED & E-MAILED. COPY MAILED TO MATHIAS.(fdc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
DAVID MATHIAS

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:
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v.
ROBERT COLLINS, et al.

CIVIL ACTION

NO. 13-2002

ORDER
AND NOW, this 5th day of November, 2014, for the reasons
set forth in the accompanying Memorandum, it is hereby ORDERED that:
(1)

the August 26, 2014 Report and Recommendation of the

Magistrate Judge (Doc. # 14) is ADOPTED except as it relates to the
conviction and incarceration of petitioner David Mathias for firstdegree murder;
(2)

the Report and Recommendation is NOT ADOPTED as it

relates to the conviction and incarceration of petitioner David
Mathias for first-degree murder;
(3)

the habeas corpus petition of David Mathias under 28

U.S.C. § 2254 is GRANTED only as to his conviction and incarceration
for first-degree murder arising out of Criminal Action Number CP-51CR-0808071-2005 in the Court of Common Pleas of Philadelphia County,
Pennsylvania;

(4)

unless the Commonwealth retries petitioner David

Mathias within six months of the date of this order, he is released
from custody on his sentence for first-degree murder only;
(5)

this order has no effect on his incarceration for

any sentence other than his sentence for first-degree murder; and
(6)

no certificate of appealability is issued with

respect to any matter in the Magistrate Judge’s Report and
Recommendation which the court has adopted.
BY THE COURT:

/s/ Harvey Bartle III
J.

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