HARGROVE v. LINK et al

Filing 32

ORDER THAT THE CLERK OF COURT SHALL REMOVE THIS MATTER FROM CIVIL SUSPENSE AND RETURN IT TO THE COURT'S ACTIVE DOCKET. THE PETITION FOR A WRIT OF HABEAS CORPUS (DOC. NO. 1) IS CONDITIONALLY GRANTED AND THE PETITIONER'S DIRECT APPEAL R IGHTS IN STATE COURT SHALL BE REINSTATE. THE PETITIONER SHALL HAVE THIRTY (30) DAYS FROM THE DATE OF THIS ORDER TO FILE A NOTICE OF APPEAL WITH THE OFFICE OF JUDICIAL RECORDS. THE COURT DECLINES TO ADOPT THE REPORT AND RECOMMENDATION (DOC. NO. 17) INSOFAR AS IT IS NOW MOOT. THE CLERK OF COURT IS DIRECTED TO MARK THIS CASE CLOSED. SIGNED BY HONORABLE EDWARD G. SMITH ON 5/17/19. 5/17/19 ENTERED AND COPIES MAILED AND E-MAILED.(er, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
MUHAMMED HARGROVE,

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Petitioner,
v.
CYNTHIA LINK and THE ATTORNEY
GENERAL OF THE STATE OF
PENNSYLVANIA,
Respondents.

CIVIL ACTION NO. 17-112

ORDER
AND NOW, this 17th day of May, 2019, the petitioner, Muhammed Hargrove, having filed
a petition for a writ of habeas corpus seeking the reinstatement of his direct appeal rights in state
court (Doc. No. 1); and the respondents having indicated during the May 16, 2019 telephone
conference that they have no objection to the court granting the relief requested in the petition;
and, for good cause shown, it is hereby ORDERED as follows:
1.

The clerk of court shall REMOVE this matter from civil suspense and RETURN

it to the court’s active docket;
2.

The petition for a writ of habeas corpus (Doc. No. 1) is conditionally1 GRANTED

and the petitioner’s direct appeal rights in state court shall be reinstated;
3.

The petitioner shall have thirty (30) days from the date of this order to file a notice

of appeal with the Office of Judicial Records;
4.

The court DECLINES TO ADOPT the report and recommendation (Doc. No. 17)

insofar as it is now moot; and

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The petition is conditionally granted to require the Commonwealth of Pennsylvania to reinstate the petitioner’s direct
appeal rights nunc pro tunc and accept the petitioner’s anticipated notice of appeal within the period set forth in this
order or this court will vacate the petitioner’s conviction.

5.

The clerk of court is DIRECTED to mark this case CLOSED.

BY THE COURT:

/s/ Edward G. Smith
EDWARD G. SMITH, J.

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