LAZAR v. COLEMAN et al

Filing 58

ORDER THAT PETITIONER'S MOTION FOR RELIEF UNDER 60 B FROM FINAL ORDER AND JUDGMENT IS GRANTED. THIS COURT'S ORDER OF 3/1/17, DENYING RELIEF UNDER 28 U.S.C. &2254 IS HEREBY VACATED. FOLLOWING RECONSIDERATION BASED UPON AN UNTAINTED RECORD, THE AMENDED PETITION FOR WRIT OF HABEAS CORPUS, IS GRANTED AS TO THE CLAIMS ONE,TWO AND FOUR. PETITIONER MUST BE RETRIED WITHIN 180 DAYS OR RELEASED; ETC.. SIGNED BY HONORABLE GERALD A. MCHUGH ON 3/6/23. 3/6/23 ENTERED AND E-MAILED.(JL)

Case 2:14-cv-06907-GAM Document 58 Filed 03/06/23 Page 1 of 1

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
:
:
:
v.
:
:
THE ATTORNEY GENERAL OF THE :
STATE OF PENNSYLVANIA, et al.
:
STEVEN LAZAR

CIVIL ACTION NO. 14-6907

ORDER
This 6th day of March, 2023, it is hereby ORDERED that Petitioner’s Motion for Relief
Under 60B from Final Order and Judgement, ECF 33, is GRANTED. This Court’s Order of
March 1, 2017, denying relief under 28 U.S.C. § 2254, ECF 26, is hereby VACATED. Following
reconsideration based upon an untainted record, the Amended Petition for Writ of Habeas Corpus,
ECF 48, is GRANTED as to the claims one, two, and four. Petitioner must be retried within 180
days or released.

/s/ Gerald Austin McHugh
United States District Judge