VICKERS v. WENEROWICZ et al
Filing
27
MEMORANDUM OPINION & ORDER re 4 Petition for Writ of Habeas Corpus filed by GEORGE T. VICKERS, JR. granting for failure to oppose. Signed by Magistrate Judge Robert C. Mitchell on 08/31/2015. (Mitchell, Robert)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
GEORGE T. VICKERS, JR., JD-4279,
Petitioner,
v.
MICHAEL WENEROWICZ, et al.,
Respondents.
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2:15-cv-432
MEMORANDUM and ORDER
Mitchell, M.J.:
George T. Vickers, an inmate at the State Correctional Institution at Graterford has presented
a petition for a writ of habeas which was filed on April 21, 2015 (ECF No.4). Service was ordered
and on May 4, 2015 was effectuated (ECF No.11). On May 22, 2015 respondents filed a motion to
dismiss (ECF No.13) which was denied on June 17, 2015 (ECF No.22). Pursuant to Rule 12(a)(4)
F.R.Civ.P., a responsive pleading was due on or before July 1, 2015.
Because the respondents failed to submit an appropriate opposition despite the expiration of
well over fourteen days, it appeared that they did not oppose the granting of the instant petition.
Accordingly, on August 24, 2015, it was ordered that on or before August 28, 2015 the respondents
show cause, if any, why the relief sought should not be granted. As no response was received it
appears that the respondents continue to not oppose granting relief here.
Accordingly, this 31st day of August, 2015, IT IS ORDERED that the petition of George T.
Vickers, Jr. for a writ of habeas corpus is GRANTED, and he is ordered discharged from custody
unless the Commonwealth retries him within ninety (90) days.
s/ Robert C. Mitchell
United States Magistrate Judge
cc: Attorney General of Pennsylvania
Warden, SCI Graterford
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