HAIRSTON v. FOLINO et al

Filing 26

ORDER adopting Report and Recommendation 25 as the opinion of the court; that the petitioner's motion to alter or amend judgment (ECF 12 ) is granted; that the amended petition of Kenneth Hairston for a writ of habeas corpus (ECF 16 ) is gr anted; and that the Commonwealth is directed to reinstate the petitioners appellate rights in the Pennsylvania appellate courts; that pursuant to Rule 4(a)(1) of the F.R.App.P., if the petitioner desires to appeal from this Order, he must do so within thirty (30) days by filing a notice of appeal as provided by Rule 3 F.R.App.P. Signed by Judge Nora Barry Fischer on 11/6/12. (jg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PEN \1SYLVANIA

KENNETH HAIRSTON,
Petitioner,

)

)

)

) Civil Action \10. 12-313
)

)

)

v.
LOUIS FOLINO, et al.,
Respondents.

o R D E R
AND NOW, this

~day 0r/'~

2012, after the petitioner,

~:enneth

Hairston, filed a motion to alter or amend the Court's judgme 1t of June 4, 2012, tmd after the
(.,..

petitioner submitted an amended petition for a writ of habeas ;::orpus, and after a Report and
Recommendation of the United States Magistrate Judge was issued, and the parties were
accorded an opportunity to file written objections thereto, and no objections having been filed,
and after independent review of the petition and the record, a1 ld upon consideratkn 0 f the Repo
and Recommendation of the Magistrate Judge, which is adopled and incorporated as Ihe opinion
of this Court,
IT IS ORDERED that the petitioner's motion to alter Dr amend judgment I:ECF 12) is
granted; that the amended petition of Kenneth Hairston for a' vrit of habeas corpus (FCF 16) is
granted; and that the Commonwealth is direct(~d to reinstate tlte petitioner's appellate rights in
the Pennsylvania appellate courts.
IT IS FURTHER ORDERED that purmant to Rule 4( l)(l) of the F .R.ApI.P., if the

(....

petitioner desires to appeal from this Order,

ht~ must do so wi· hin thirty (30) days ·JY

Ciling a

notice of appeal as provided by Rule 3 F.R.App.P.

_~,~f;u~-/"nited Sta' es Distric Judge

cc:

Counsel of Record