Risjan v. Wetzel et al

Filing 47

ORDER NOT ADOPTING 29 Report and Recommendations. The 28 USC:2254 Petition (Doc. 1) is GRANTED to the extent that the Commonwealth of Pennsylvania is directed to release Petitioner within ninety (90) days unless the Commonwealth reinstates Petitioner's appeal rights nunc pro tunc. Signed by Honorable Robert D. Mariani on 7/15/19 (jam)

UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

SHANE DAVID RISJAN,
Petitioner

CIVIL ACTION NO. 3:15-CV-268

v.

(JUDGE MARIANI)
(Magistrate Judge Mehalchick)

JOHN WETZEL, et al.,
Respondents.

ORDER

AND NOW, THIS

/ci

DAY OF JULY 2019, upon consideration of

Magistrate Judge Mehalchick's R&R (Doc. 29) recommending dismissal of Petitioner's §
2254 Petition with prejudice, for the reasons discussed in the simultaneously filed
Memorandum Opinion, IT IS HEREBY ORDERED THAT:
1. The R&R (Doc. 29) is NOT ADOPTED;
2. The 28 U.S.C. § 2254 Petition (Doc. 1) is GRANTED to the extent that the
Commonwealth of Pennsylvania is directed to release Petitioner within ninety (90)
days unless the Commonwealth reinstates Petitioner's appeal rights nunc pro tune.

Ro rt D.
United States District Judge