CORBIN v. TICE et al

Filing 69

ORDER THAT THE REPORT AND RECOMMENDATIONS IS NOT ADOPTED. THE PETITION FOR A WRIT OF HABEAS CORPUS IS APPROVED. PETITIONER SHALL BE RE-TRIED WITHIN 180 DAYS OF THIS ORDER OR BE RELEASED; ETC.. SIGNED BY HONORABLE PETRESE B. TUCKER ON 6/22/21. 6/22/21 ENTERED AND E-MAILED, NOT MAILED TO PRO SE.(JL )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
ANTHONY CORBIN,
Petitioner,
v.
ROBERT TICE, et al.,
Respondents.

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CIVIL ACTION
NO. 16-4527

ORDER
AND NOW, this __22nd__ day of June 2021, upon consideration of the Amended
Petition for Writ of Habeas Corpus (ECF 21), the Commonwealth’s Response (ECF 30),
Petitioner’s Reply to the first Response (ECF 31), the other documents filed by the parties, the
state court record, and after review of the Supplemental Report and Recommendation of United
States Magistrate Judge Thomas J. Rueter (ECF 42), and Petitioner’s Objections to the
Supplemental Report and Recommendation (ECF 43) and additional filings, IT IS HEREBY
ORDERED AND DECREED that:
1. The Report and Recommendation is NOT ADOPTED;
2. The Petition for a Writ of Habeas Corpus is APPROVED, for reasons set forth in the
memo, and;
3. Petitioner shall be re-tried within 180 days of this order or be released.

BY THE COURT:

/s/ Petrese B. Tucker
____________________________
Hon. Petrese B. Tucker, U.S.D.J.