WILKERSON v. MCGINLEY et al

Filing 40

ORDERED THAT THE UNOPPOSED REPORT AND RECOMMENDATION 39 IS APPROVED AND ADOPTED; PETITIONERS AMENDED PETITION FOR WRIT OF HABEAS CORPUS 29 IS GRANTED AS PROVIDED FOR IN THE REPORT AND RECOMMENDATION; IN ACCORDANCE WITH THE REPORT AND RECOMMENDATI ON, THE ABOVE-CAPTIONED MATTER IS REMANDED TO THE PHILADELPHIA COURT OF COMMON PLEAS FOR FURTHER PROCEEDINGS; A CERTIFICATE OF APPEALABILITY SHALL NOT ISSUE; AND, THE CLERK OF COURT SHALL MARK THIS MATTER CLOSED.. SIGNED BY HONORABLE C. DARNELL JONES, II ON 4/13/20. 4/13/20 ENTERED AND COPIES MAILED TO PRO SE PETITIONER AND E-MAILED.(jpd, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
OTIS WILKERSON
Petitioner,
v.
THOMAS MCGINLEY, Superintendent;
THE DISTRICT ATTORNEY OF THE
COUNTY OF PHILADELPHIA; and
THE ATTORNEY GENERAL OF THE
STATE OF PENNSYLVANIA
Respondents.

:

:
CIVIL ACTION
NO. 18-2203
:

:

ORDER
AND NOW, this 13th day of April 2020, upon consideration of: Petitioner’s Amended
Petition for Writ of Habeas Corpus (ECF No. 29); Respondents’ Answer thereto (ECF No. 35);
and, the Honorable Carol Sandra Moore Wells’ Report and Recommendation (ECF No. 39), it is
hereby ORDERED as follows:
(1) The unopposed Report and Recommendation (ECF No. 39) is APPROVED
and ADOPTED;
(2) Petitioner’s Amended Petition for Writ of Habeas Corpus (ECF No. 29) is
GRANTED as provided for in the Report and Recommendation;
(3) In accordance with the Report and Recommendation, the above-captioned
matter is REMANDED to the Philadelphia Court of Common Pleas for further
proceedings;
(4) A Certificate of Appealability shall NOT ISSUE; and,
(5) The Clerk of Court shall mark this matter CLOSED.

BY THE COURT:

/s/ C. Darnell Jones, II

J